United States Sixth Circuit

In a capital case in which petitioner was convicted of murdering his sons as they lay sleeping, denial of habeas relief is affirmed where state courts' rejection of a claim that trial counsel provided ineffective assistance during the penalty phase of the trial by failing adequately to investigate his mental-health history and background, was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before SUTTON, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael J. Benza, Law Offices, Cleveland, Ohio, for Appellant.  Thomas E. Madden, Attorney General's Office Of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:  Michael J. Benza, Law Offices, Cleveland, Ohio, Alan C. Rossman, Cleveland, Ohio, for Appellant.  Thomas E. Madden, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.