United States Sixth Circuit

In habeas proceedings following petitioner's convictions stemming from his abuse of his step-grandchildren, denial of habeas relief is affirmed where: 1) the untimeliness of petitioner's application to reopen was an adequate and independent state procedural ground for Ohio courts' denial of the application; and 2) thus, petitioner's procedural default was properly held to foreclose habeas relief on his claim for ineffective assistance of appellate counsel.

Appellate Information

• Argued 07/31/2008
• Decided 10/03/2008
• Published 10/03/2008

Judges

• Before: DAUGHTREY and McKEAGUE, Circuit Judges;  VAN TATENHOVE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kort W. Gatterdam, Carpenter, Lipps & Leland, Columbus, Ohio, for Appellant.  Diane Mallory, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Kort W. Gatterdam, Carpenter, Lipps & Leland, Columbus, Ohio, for Appellant. Diane Mallory, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.