United States Sixth Circuit

District court's denial of defendant's request for habeas relief from a conviction for aggravated murder, aggravated kidnapping, robbery and a sentence of death, is affirmed where: 1) district court correctly denied defendant's request for habeas relief on his claim that the trial court violated his due process rights by improperly weighing the statutory aggravating factors of his crime; 2) district court properly rejected a claim that his trial counsel performed ineffectively at the guilt phase of trial as these claims were procedurally defaulted; 3) the state court's resolutions of defendant's first two claims of ineffective assistance of counsel at the penalty phase were not an unreasonable application of federal law, and defendant has waived his third claim; 4) district court properly denied defendant's request for habeas relief on his claim of ineffective assistance of appellate counsel; 5) the Ohio Supreme Court's application of federal law in affirming the admission of defendant's statements was reasonable; and 6) defendant's claim of cumulative error is procedurally defaulted.

Appellate Information

• Decided 11/18/2009
• Published 09/23/2010

Judges

• GIBBONS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David L. Doughten, Sarah L. Leatherman