United States Sixth Circuit

Denial of habeas relief in a death penalty case is affirmed where: 1) new evidence of prosecutorial wrongdoing did not undermine the finding of guilt; 2) thus, petitioner could not proceed with his otherwise procedurally defaulted claim that the state violated his due process rights by failing to turn over certain "exculpatory" information in violation of Brady.

Appellate Information

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

Judges

• Before BOGGS, Chief Judge;  MERRITT and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gregory W. Meyers, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant.  Sarah A. Hadacek, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Gregory W. Meyers, Melissa J. Callais, Robert K. Lowe, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant.  Sarah A. Hadacek, Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.