United States Sixth Circuit

Denial of habeas relief in a death penalty case is reversed and remanded where petitioner's trial counsel was prejudicially ineffective during the sentencing phase for: 1) failing to fully investigate and present as evidence all available mitigating factors; 2) failing to secure or attempt to secure an independent mental health expert to testify that the crime was the product of a mental disease; and 3) mistakenly introducing and failing to object to proscribed evidence that was clearly damaging to petitioner's case.

Appellate Information

• Decided 08/04/2008
• Published 08/04/2008

Judges

• Before:  MERRITT, MARTIN, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James D. Owen, The Owen Law Firm, Columbus, Ohio, Keith A. Yeazel, Columbus, Ohio, for Appellant.  Stephen E. Maher, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee. ON BRIEF:  Keith A. Yeazel, Columbus, Ohio, James D. Owen, The Owen Law Firm, Columbus, Ohio, for Appellant.  Stephen E. Maher, Charles L. Wille, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.