United States Sixth Circuit

In a capital habeas matter, the denial of petitioner's petition is affirmed, where: 1) the results of new DNA testing could not exclude petitioner from the crime scene; 2) Kentucky's determination that petitioner failed to properly plead his claim that his counsel refused to allow him to testify precluded review; and 3) petitioner failed to overcome the presumption that the challenged questioning by his counsel might be considered sound trial strategy.

Appellate Information

• Argued 10/21/2008
• Decided 09/04/2009
• Published 09/04/2009

Judges

• Before: MARTIN, ROGERS, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Laurence E. Komp, Law Office, Manchester, Missouri, for Appellant. Julie Scott Jernigan, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF:Laurence E. Komp, Law Office, Manchester, Missouri, Armand I. Judah, Judah-McLeod, Louisville, Kentucky, for Appellant. Ian G. Sonego, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.