Nali v. Phillips, No. 09-1960 (6th Cir. 2012)
Annotate this CaseNali and O'Brien started a 10-year sexual relationship in 1992. O’Brien was married. Nali videotaped their sexual encounters without consent. O'Brien attempted to end the relationship; Nali threatened to give the videotapes to her family and the media. After O’Brien divorced, she ended her relationship with Nali, who refused to leave her alone. After she reported harassment to police, her ex-husband intercepted a package addressed to their daughter, containing a videotape of sexual encounters between Nali and O'Brien. Her brothers received similar packages. Convicted of extortion, Nali was sentenced to 50 months to 20 years. Both his direct appeal to the Michigan Court of Appeal and a motion to remand for development of the record to support an ineffective assistance of counsel claim failed. The Supreme Court of Michigan denied review. The federal district court found the evidence insufficient to support conviction and granted an unconditional writ of habeas corpus, but concluded that Nali was not denied effective assistance of counsel; the court ordered immediate release. The Sixth Circuit reversed. The state court properly determined that a rational jury could find Nali guilty beyond a reasonable doubt and that he was not prejudiced by any failings of counsel.
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