Sixth Circuit: John Stojetz v. Todd Ishee


State denial of Habeas for ineffective assistance not unreasonable, as the defendant's trial rights are not positive guarantees, they might have been strategically waived by counsel.

Trial counsel's voir dire description of mitigation as something to be balanced against aggravating circumstances when determining guilt did not prejudice determination of penalty, and might have been calculated to empanel mitigation-friendly jurors.

Deft counsel's lack of independent discovery interviews with accomplices not per se ineffective.

Lack of voir dire on murder publicity not unreasonable, as counsel might have been avoiding drawing attention to it.

So long as intent to kill is an element of both, not unreasonable for a state to allow jury to convict under contradictory theories of murder and abetting the crime.

Jury instruction establishing permissive inference of intent from possession of deadly weapon not unreasonable.

Collateral misconduct claims not raised on direct appeal waived, given state rule requiring exhaustion for any claims based on trial record.

Peremptory excusal of female jurors not unreasonable.

Victim-impact statements in closing not sufficiently plain to justify ineffective assistance.

No prejudice from eyewitness statement that deft had the intent to kill, given evidence of guilt.

No Brady violation on nondisclosure of medical records where deft had been aware of the injury.

Collateral challenge defaults not excused by counsel's nonperformance due to mental health issues; as counsel responded to show-cause orders and discussed non-filings with the court administration, there was neglect rather than abandonment.

No error in denial of postconviction discovery of grand jury proceedings, as indictment under multiple theories of the offence was merely speculative.

New testimony by accomplices and witnesses insufficient for actual innocence Habeas grant.

Sentencing court's view of mitigation not arbitrary and capricious.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0106p-06.pdf

[Editorial note: End the death penalty.]