United States Sixth Circuit

Denial of death row inmate's petition for writ of habeas corpus is affirmed where: 1) petitioner failed to demonstrate that his equal protection rights were violated because he did not demonstrate discriminatory purpose and effect in the prosecutor's decision to seek the death penalty; and 2) petitioner's due process rights were not violated in a pretrial identification procedure since it was reliable under the totality of the circumstances, and any error in admitting the identification was harmless.

Appellate Information

• Decided 04/25/2008
• Published 04/25/2008

Judges

• Before: MERRITT, SILER, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Pamela Prude-Smithers, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.  Thomas E. Madden, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:  Pamela Prude-Smithers, Kelly L. Culshaw, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant.   Thomas E. Madden, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.