Henness v. Bagley, No. 07-4479 (6th Cir. 2011)
Annotate this CaseSentenced to death for a 1992r aggravated murder, petitioner was denied habeas corpus. The Sixth Circuit affirmed. First noting that petitioner failed to timely raise the issue in state court, the court rejected a claim of ineffective assistance for failing to file a motion to suppress the fruits of an illegal stop and arrest. Based on an in-person report of criminal activity, the officer had reasonable suspicion to stop the petitioner and perform a pat-down. The Ohio Supreme Court found a statement, "I think I need a lawyer," was not an unambiguous request for counsel; even if the holding was incorrect, the evidence showed that the petitioner voluntarily reinitiated communication. The trial court conducted adequate inquiry before denying a motion to substitute counsel after the guilt phase of the trial. Petitioner did not establish ineffective assistance at the sentencing phase. Rejecting a "Brady" claim, the court stated that petitioner did not show a reasonable likelihood of a different result if the material at issue had been disclosed. The court also rejected a challenge to jury instructions concerning sentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.