United States Sixth Circuit

On remand from the Supreme Court, which vacated the circuit court's prior judgment, a judgment denying petitioner habeas relief is again reversed pursuant to an ineffective assistance claim as: 1) petitioner did not procedurally default the claim; 2) the circuit court properly considered it on the merits; and 3) the record supported its original conclusion granting habeas relief because his trial attorney did not function as counsel guaranteed by the Sixth and Fourteenth Amendments.

Appellate Information

• Argued 01/24/2007
• Decided 08/10/2007
• Published 08/10/2007

Judges

• Before: SILER, DAUGHTREY, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth J. Parsigian, Goodwin Procter, Boston, Massachusetts, for Appellant.  Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Kenneth J. Parsigian, Paul E. Nemser, Goodwin Procter, Boston, Massachusetts, for Appellant.   Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.