United States Sixth Circuit

In habeas proceedings of a defendant convicted of first degree murder of his adult male lover and sentenced to life in prison (defendant was seventeen at the time of his arrest and tried as an adult), dismissal of defendant's claims is affirmed where: 1) the district court did not err in concluding that defendant's amended petition was untimely because his ineffective assistance of counsel claims do not relate back to his original petition; 2) defendant failed to timely raise his claim that the district court erred in concluding that his ineffective assistance claim was procedurally defaulted; and 3) defendant has not shown that the jury's verdict was an unreasonable determination in light of the evidence presented at trial, nor has he shown that the state court's decision was contrary to, or an unreasonable application of, clearly established federal law.

Appellate Information

• Argued 03/10/2010
• Decided 08/04/2010
• Published 08/04/2010

Judges

• GILMAN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Caryll S. Alpert, Frank R. Borger-Gilligan