United States Sixth Circuit

Denial of a petition for a writ of habeas corpus from a conviction for aggravated murder is reversed as: 1) although petitioner's underlying due process claim was procedurally defaulted, he met the cause and prejudice exception to the procedural default because his trial counsel was ineffective in failing to object to certain statements by the prosecution during closing argument; 2) statements by a prosecutor violated petitioner's Fifth Amendment rights and were sufficiently flagrant to warrant reversal of petitioner's conviction despite trial counsel's failure to object.

Appellate Information

• Argued 06/06/2007
• Decided 09/05/2007
• Published 09/05/2007

Judges

• Before:  MARTIN, BATCHELDER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Hope E. Redmond, Thompson Hine, Cleveland, Ohio, for Appellant.  Thelma T. Price, Office of the Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Hope E. Redmond, Robert F. Ware, Thompson Hine, Cleveland, Ohio, for Appellant.  Bruce D. Horrigan, Office of the Attorney General, Cleveland, Ohio, for Appellee.