Campbell v. Bradshaw, No. 09-3444 (6th Cir. 2012)
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In 1972, petitioner was convicted of first degree murder and sentenced to life imprisonment. Paroled 20 years later, he was arrested in 1997 for aggravated robbery. Petitioner faked inability to walk and had to be transported to court in a wheelchair. During transport he attacked the officer, stole her pistol, carjacked a vehicle and killed the owner. He carjacked another vehicle and attempted another carjacking before surrendering and giving a lengthy, videotaped, confession. He was convicted of aggravated murder by prior calculation and design, aggravated murder during commission of a felony and 10 other counts. The jury recommended a death sentence. On direct appeal, the Ohio Supreme Court affirmed. State courts denied post-conviction relief. The federal district court denied habeas relief under 28 U.S.C. 2254, finding that defendant was improperly prevented from presenting voluntary intoxication as a mitigating factor but that any error was harmless. The Sixth Circuit affirmed, rejecting arguments that trial counsel rendered ineffective assistance by failing to seek a change in venue, by introducing incarceration records during the penalty phase, and by failing to present mitigating evidence regarding juvenile incarceration, and that the trial court improperly prohibited defendant from arguing voluntary intoxication as a mitigating factor.
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