United States Sixth Circuit

In a murder prosecution, grant of petitioner's habeas petition is reversed where petitioner could not argue that his counsel provided ineffective assistance because it would have been legally incorrect for counsel to argue that his sentence to consecutive terms based on judge-found facts was improper.

Appellate Information

• Decided 08/03/2009
• Published 08/03/2009

Judges

• Before:  MOORE and McKEAGUE, Circuit Judges;  FORESTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.  Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.   ON BRIEF:  Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.  Craig M. Jaquith, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.