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Lovell v. Duffey, 08-3142

By FindLaw Staff on January 06, 2011 2:27 PM

Reversal of grant of conditional writ of habeas corpus for defendant convicted of drug related crimes

Lovell v. Duffey, 08-3142, concerned a challenge to the the district court's issuance of a conditional writ of habeas corpus on the ground that defendant's attorney was ineffective in failing to advise her of the potential adverse consequences of rejecting the state prosecutor's plea offer,  in a conviction of defendant for drug related offenses.

In reversing the district court's judgment, the court reinstated the defendant's conviction and sentence as, because the evidence supporting the decision of the Ohio Court of Appeals is at least as strong as the evidence to the contrary, the district court erred in concluding that the result reached by the Ohio Court of Appeals was unreasonable.  Further, the AEDPA requires denial of defendant's petition for a writ of habeas corpus as, even if the decision of the Ohio Court of Appeals was arguably wrong, there is no justification to find its result unreasonable.

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