United States Sixth Circuit

In habeas proceedings brought by a defendant convicted of first-degree home invasion claiming ineffective assistance of counsel, grant of a conditional writ is reversed and remanded where: 1) defendant has not shown that his trial counsel were ineffective and he cannot establish that he was prejudiced by the alleged ineffectiveness; 2) defendant's appellate counsel was therefore also not ineffective, for appellate counsel cannot be ineffective for a failure to raise an issue that lacks merit; and 3) defendant failed to establish cause and prejudice for his procedural default of an ineffective assistance claim, and is barred from raising the issue on habeas review.

Appellate Information

• Argued 10/16/2009
• Decided 01/12/2010
• Published 01/12/2010

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Janet A. Van Cleve, Michigan Attorney General's Office, Lansing, Michigan, for Appellant. Kimberly Thomas, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee. ON BRIEF:William C. Campbell, Assistant Attorney General, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas, University of Michigan, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee.