United States Sixth Circuit

AEDPA deference does not apply with respect to convicted sex offender's habeas claim because the counseling notes that formed the basis of his ineffective-assistance-of-counsel claim were not in the record before the state court and therefore this claim had not been "adjudicated on the merits in State court proceedings." Conditional habeas relief is warranted because the absence of this evidence was error sufficient to undermine confidence in the trial's outcome.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• Before:  BOGGS, Chief Judge;  and MOORE and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Todd Shanker, Federal Defender Office, Detroit, Michigan, for Appellant.  Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Todd Shanker, James R. Gerometta, Federal Defender Office, Detroit, Michigan, for Appellant.   Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.