United States Sixth Circuit

In habeas proceedings arising from a conviction and sentence for second-degree murder and a related firearm offense for defendant's murder of his girlfriend, denial of habeas relief is affirmed as: 1) defendant's ineffective-assistance-of-trial-counsel claim was procedurally defaulted; 2) defendant could not demonstrate cause and prejudice to excuse the default; and 3) he was not entitled to an evidentiary hearing.

Appellate Information

• Decided 11/15/2007
• Published 11/15/2007

Judges

• Before:  BATCHELDER and GILMAN, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christina J. Moser, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Debra M. Gagliardi, Office of the Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Christina J. Moser, Thomas D. Warren, Stephan J. Schlegelmilch, Baker & Hostetler, Cleveland, Ohio, for Appellant.  Debra M. Gagliardi, Office of the Attorney General, Lansing, Michigan, for Appellee.