Webb v. Mitchell, No. 06-4606

In a capital habeas case involving a petitioner convicted of aggravated murder of his son and sentenced to death, denial of the petition is affirmed where: 1) defendant's Brady claim is rejected as there is no reasonable probability that, had a certain police report been disclosed, the outcome would have been different; 2) defendant's ex post facto and due process violation claims are rejected; 3) defendant's ineffective assistance of counsel during the penalty phase claim is rejected; 4) defendant's Fifth Amendment violation claim based on prosecution's comment on his failure to testify is rejected; and 5) district court did not err in concluding that defendant procedurally defaulted two of his ineffective assistance of counsel claims. 

Read Webb v. Mitchell, No. 06-4606

Appellate Information

Argued: June 10, 2009

Decided and Filed: November 5, 2009

Judges

Opinion by Circuit Judge Sutton

Counsel

For Appellant:  Keith A. Yeazel, Law Office, Columbus, Ohio

For Appellee:  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio