United States Sixth Circuit

In a death sentence for charges related to two felony-murders premised upon aggravated robbery, grant of writ of habeas corpus is reversed in part and affirmed in part where: 1) affidavits submitted by petitioner's family members were insufficient to establish prejudice under Strickland v. Washington; 2) the result reached by the state courts (denial of petitioner's claim of ineffective assistance of counsel) was neither contrary to nor an unreasonable application of clearly established federal law; 3) the district court did not err in holding that state courts' decisions finding petitioner's Fifth, Sixth, Eighth, and Fourteenth Amendment claims meritless neither resulted in a judgment that was contrary to or an unreasonable application of clearly established federal law, nor a judgment based on an unreasonable determination of the evidence; 4) petitioner's arguments alleging that the prosecution withheld material exculpatory evidence in violation of Brady v. Maryland were unavailing; and 5) petitioner's confrontation, due process, and equal protection rights were not violated because he was not allowed to access juvenile records of witness for purposes of impeachment.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

Court

• United States Sixth Circuit

Counsel