Van Hook v. Anderson, No. 03-4207 (6th Cir. 2011)
Annotate this CasePetitioner was convicted of murder in connection with a homosexual encounter and sentenced to death in the 1980s. Ohio courts denied relief. After several remands by the Sixth Circuit, the Supreme Court held that defense counsel's failure to obtain an independent mental health expert and reliance on a presentence investigation report could not be the basis for issuing a writ of habeas corpus. On remand, the district court denied the writ. The Sixth Circuit affirmed. The ineffective assistance of counsel claim was procedurally defaulted and petitioner did not establish that the default should be excused do to fault and prejudice. A "Brady" claim concerning evidence of a psychological report indicating that the murder may have occurred as a result of "homophobic panic," failed in light of other evidence.
This opinion or order relates to an opinion or order originally issued on April 18, 2006.
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