United States Sixth Circuit

District court's grant of defendant's petition for habeas relief on the basis of guilt-phase ineffective assistance of counsel is reversed where: 1) defendant procedurally defaulted his claim of ineffective assistance of trial counsel for failing to seek admission of witness's testimony during the guilt phase; 2) defendant has not shown cause to excuse default of the claim because he has also procedurally defaulted his ineffective assistance of appellate counsel claim; and 3) the balance of defendant's guilt phase ineffective assistance claims are without merit.

Appellate Information

• Argued 04/21/2009
• Decided 11/04/2010
• Published 11/04/2010

Judges

• GIBBONS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Laurence R. Snyder, Gerald W. Simmons