United States Sixth Circuit

Petitioner's habeas petition in a capital matter is granted, where Petitioner's counsel provided ineffective assistance at the guilt phase of Petitioner's trial by calling an expert witness who testified that Petitioner was sane at the time of the murders, an opinion that contradicted Petitioner's only defense.

Appellate Information

• Decided 03/16/2009
• Published 03/16/2009

Judges

• Before:  MOORE, COLE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  R. Brian Moriarty, Cleveland, Ohio, for Appellant.   Laurence R. Snyder, Office of the Ohio Attorney General, Cleveland, Ohio, for Appellee.   ON BRIEF:  Kevin M. Cafferkey, Law Offices, Cleveland, Ohio, Thomas F. O'Malley, Jr., Law Office, Cleveland, Ohio, for Appellant.   Jonathan R. Fulkerson, Office of the Ohio Attorney General, Columbus, Ohio, Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.