Evans v. Hudson, No. 08-3717

In a murder prosecution, grant of petitioner's habeas petition is reversed where petitioner could not argue that his counsel provided ineffective assistance because it would have been legally incorrect for counsel to argue that his sentence to consecutive terms based on judge-found facts was improper.

Read Evans v. Hudson, No. 08-3717

Appellate Information

Argued: April 23, 2009

Decided and Filed: August 3, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, OH

For Appellee:

Craig M. Jaquith, Ohio Public Defender's Office, Columbus, OH