Otte v. Houk, No. 08-3247 (6th Cir. 2011)
Annotate this CaseThe district court denied a petition for a writ of habeas corpus (28 U.S.C. 2254) by an Ohio death row prisoner, convicted of two 1992 murders. The Sixth Circuit affirmed, first rejecting a claim that he could not make a voluntary, knowing, and intelligent waiver of his right to a jury trial because the jail doctor had him taking an anti-psychotic drug. Counsel was not ineffective for failing to request a substance abuse expert, any such evidence would have been cumulative. Counsel was not ineffective for failing to present mitigating evidence from defendant's upbringing, the rationale for not presenting the materials is consistent with concerns about some of the damaging elements that might have been introduced. The decision not to suppress defendant's confession, even though he was in drug and alcohol withdrawal at the time, was reasonable.
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