Wogenstahl v. Mitchell, No. 07-4285 (6th Cir. 2012)
Annotate this CasePetitioner was convicted in 1993 of a 1991 aggravated murder, was sentenced to death, and exhausted Ohio state court remedies. He filed a 28 U.S.C. 2254 petition for habeas corpus in 1999 and amended his petition in 2003 to set forth 28 claims for relief, some with multiple subclaims. After filing, petitioner obtained information that the prosecution had withheld evidence that, before trial, a witness had been adjudicated delinquent for marijuana trafficking, contradicting his testimony that he never sold drugs. The district court held proceedings in abeyance while he exhausted state law remedies on the new Brady claim, then denied the petition. The Sixth Circuit affirmed. The state court decision on the Brady claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of the facts in light of the evidence. The court rejected claims of prosecutorial misconduct (vouching, inflaming the jury, and denigrating defendant and defense counsel) and ineffective assistance.
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