United States Sixth Circuit

In a capital habeas matter, the denial of Petitioner's petition is affirmed where: 1) the prosecutor's reference to Petitioner's lack of remorse was proper to discredit Petitioner's contradictory testimony; and 2) Petitioner did not show that counsel's failure to claim that Petitioner's confession was involuntary due to intoxication prejudiced the outcome of the suppression hearing.

Appellate Information

• Decided 06/05/2009
• Published 06/05/2009

Judges

• Before:  DAUGHTREY, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kyle E. Timken, Law Office, Columbus, Ohio, for Appellant.  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Kyle E. Timken, Law Office, Columbus, Ohio, S. Scott Haynes, Hallowes, Allen & Haynes, Reynoldsburg, Ohio, for Appellant.  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.