United States Sixth Circuit
Fautenberry v. Mitchell, 05-3568
Denial of a petition for writ of habeas corpus brought by a state prisoner awaiting execution is affirmed over meritless claims of error regarding: 1) ineffective assistance of counsel claims; 2) trial counsel's alleged conflict of interest; 3) a Brady violation; 4) waiver of the right to jury trial during the penalty phase; 5) the knowing and voluntary nature of a no-contest plea; and 6) admission of victim impact evidence.
Appellate Information
- Decided 01/25/2008
- Published 01/25/2008
Judges
- Before: BATCHELDER, MOORE, and GILMAN, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: Dennis Lyle Sipe, Buell & Sipe Co., Marietta, Ohio, for Appellant. Steven W. Schierholt, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Dennis Lyle Sipe, Buell & Sipe Co., Marietta, Ohio, for Appellant. Matthew C. Hellman, Attorney General's Office of Ohio, Columbus, Ohio, Lisa M. Stickan, Attorney General's Office of Ohio, Cleveland, Ohio, for Appellee.