United States Sixth Circuit

Denial of a petition for habeas relief from a conviction and death sentence for the murder of an individual is affirmed where: 1) for purposes of a claim that an instruction regarding petitioner's intoxication defense improperly shifted to him the burden to disprove the knowledge element of an evading-kidnapping aggravator, any such error was harmless; and 2) petitioner's remaining claims were meritless.

Appellate Information

• Argued 06/18/2007
• Decided 08/15/2007
• Published 08/15/2007

Judges

• Before: COLE, CLAY, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Alan C. Rossman, Cleveland, Ohio, for Appellant.  Carol Ann Ellensohn, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:Alan C. Rossman, David L. Doughten, Cleveland, Ohio, for Appellant.  Carol Ann Ellensohn, Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.