United States Sixth Circuit

Benge v. Johnson, 05-3122

Denial of habeas relief in a death penalty case is affirmed over petitioner's claims of error regarding whether: 1) the prosecution withheld favorable evidence; 2) defense counsel had an actual conflict of interest; 3) prosecutorial misconduct in the guilt and penalty phases violated his constitutional rights; 4) a jury instruction incorrectly precluded the jury from considering the affirmative defense of voluntary manslaughter; 5) there was sufficient evidence to support his convictions; 6) outbursts by the victim's family inside and outside of the courtroom violated his constitutional rights; and 7) his counsel was ineffective.

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• Before MARTIN, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Randall L. Porter, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.  Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:  Randall L. Porter, Kyle E. Timken, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.  Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.