United States Sixth Circuit

Defendant's petition for habeas relief from his capital murder conviction is granted where: 1) the holding of the Supreme Court of Ohio was contrary to clearly established federal law as determined by the Supreme Court of the United States in Beck v. Alabama, because Beck compels that proper instructions must make clear that the jury does not have to complete its death deliberation before considering a life sentence, and thus, defendant's due process rights were violated; and 2) district court's conclusions as to ineffective assistance of counsel are affirmed.

Appellate Information

• Argued 03/09/2010
• Decided 09/08/2010
• Published 09/08/2010

Judges

• MERRITT

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jeffry F. Kelleher, Stephen E. Maher