Daily Case Update Archive

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Jan. 9, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Procedural - ineffective counsel, discriminatory, evidence
 

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

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No opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

Franklin v. Anderson (January 9, 2005) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0005p-06.pdf
-  In December 1988, Franklin was found guilty of two counts of
aggravated burglary and one count of aggravated murder and  was
sentenced to death.  He began a long process of appeals, with each state
court affirming his convictions or dismissing his  claims as res
judicata.  On petition for habeas corpus to the Southern District of
Ohio, however, Franklin was found to have  two viable claims: service of
a biased juror and ineffective assistance of appellate counsel, neither
of which the court  found to be procedurally defaulted.  The court
granted a conditional writ of habeas corpus on these two issues.  In
addition,  although denying Franklin's petition on the remaining 26
claims, the district court granted a certificate of appealability on
three issues: ineffective assistance of trial counsel, discriminatory
use of peremptory challenges by the prosecutor, and the  prosecutor's
failure to provide the defense with material exculpatory and impeachment
evidence at trial.  Because Franklin  did not object to the district
judge's denial of habeas on any other issues, all other claims are
forfeited on appeal and are  not before this court.  U.S. v. Walters,
638 F.2d 947, 949-50 (6th Cir. 1981).  The State appeals the conditional
grant of  habeas, and Franklin cross-appeals the denial of habeas on the
three issues certified for appeal.  Judgment AFFIRMED.

U.S. Sixth Circuit Court of Appeals: Other States Cases

No opinions.
 

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