United States Sixth Circuit

District court's conviction of defendant for aggravated robbery and aggravated murder and sentence of death is affirmed in part as to the conviction, but reversed in part as to the sentence where petitioner's trial attorney did not provide his client with effective assistance of counsel during the penalty phase of a second trial, specifically, by failing to meaningfully investigate and to present any mitigation evidence.

Appellate Information

• Decided 11/04/2009
• Published 11/04/2009

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellant.  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, Michael J. Benza, Law Office of Michael J. Benza, Chagrin Falls, Ohio, for Appellant.   Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.