United States Sixth Circuit

Denial of a petition for a writ of habeas corpus by a defendant convicted of aggravated murder and aggravated robbery and sentenced to death is affirmed and the petition dismissed where: 1) the Ohio Supreme Court's finding that "the record fails to reveal sufficient indicia of incompetency" did not involve an unreasonable application of clearly established Supreme Court precedent; 2)defendant's claim that his counsel performed ineffectively by failing to investigate and present adequate mitigating evidence at the penalty phase is without merit; and 3) under Batson v. Bagley, any defect in the trial court's sentencing was cured by the appellate court's reweighing of the evidence presented on direct appeal.

Appellate Information

• Argued 12/04/2008
• Decided 05/14/2010
• Published 05/14/2010

Judges

• Before SILER, CLAY, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:David Lawrence Doughten, Law Offices, Cleveland, Ohio, for Appellant. Sarah A. Hadacek, Office of the ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF:David Lawrence Doughten, Law Offices, Cleveland, Ohio, Jeffrey James Helmick, Helmick & Hoolahan, Toledo, Ohio, for Appellant. Sarah A. Hadacek, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.