United States Sixth Circuit

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Awkai v. Mitchell, 01-4278

District court's denial of defendant's petition for a writ of habeas corpus from his conviction for aggravated murder of his wife and brother-in-law and sentence to death is affirmed where: 1) defendant has not overcome the strong presumption that counsel's conduct fell within the wide range of reasonable professional assistance and therefore cannot satisfy Strickland's deficiency standard; 2) even assuming that defendant had shown that the Supreme Court of Ohio's assessment of his counsel's effectiveness was unreasonable, he still cannot show that the court's conclusion that he had not satisfied the prejudice prong of the Strickland ineffective-assistance test was also unreasonable; 3) defendant's counsel was not deficient in the presentation of mitigation-phase evidence; and 4) defendant's claim of prosecutorial misconduct is procedurally defaulted.

Appellate Information

  • Argued 12/02/2009
  • Submitted 07/23/2010
  • Decided 07/23/2010
  • Published 07/23/2010



  • United States Sixth Circuit


  • For Appellant:
  • R. Brian Moriarty, Benjamin C. Mizer

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