Thursday, September 08, 2011

Sixth Circuit -- Stanley Jalowiec v. Margaret Bradshaw

Death Penalty habeus denied.

Brady violation procedurally defaulted.  Prejudice from gov't's delay in revealing the information does not excuse, as the information isn't sufficiently material (i.e. game-changing).

Ineffective assistance claim TKO'd - another client of deft's counsel testified against deft in exchange for some consideration, deft's counsel crossed witness at trial.

State finding that hearsay introduced in penalty phase to dispel residual guilt was kosher is not contrary to clearly established law.

No mitigation-stage ineffective assistance.

No ineffective assistance on appeals, as even a non-'inept' presentation would not have seen these claims prevail.

Stanley Jalowiec v. Margaret Bradshaw 

[Thou shalt not kill.  -TMB]
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.