Gary Otte v. Mark Houk
No error in State court finding that deft's waiver of trial by jury was sufficiently knowing, despite antipsychotic meds.
No ineffective assistance in not bringing in a substance abuse expert to testify - would have been cumulative.
Not introducing evidence as to upbringing at penalty phase was a strategic choice, not ineffective assistance.
Miranda challenge arguing drug & alcohol withdrawal TKO'd.
[Thou shalt not kill. -TMB]
Friday, August 12, 2011
Sixth Circuit -- Gary Otte v. Mark Houk
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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.