Bray v. Andrews, No. 09-4151 (6th Cir. 2011)
Annotate this CaseThe district court granted a conditional writ of habeas corpus to an inmate serving 18 years to life for complicity in a drug-related murder. The Sixth Circuit reversed. The Ohio court's determination that the inmate was not denied effective assistance of counsel during plea negotiations was not contrary to clearly established federal law. The inmate exhausted state remedies as required by the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. 2254, and did not default her claim by failing to present it in a separate post-conviction proceeding in the trial court, as the Ohio Court of Appeals advised her to do. The court made a determination on the merits of the ineffective assistance claim, regardless of its procedural suggestion. It was not unreasonable for the court to hold that the evidence did not establish a reasonable probability that the inmate would have accepted a plea offer if her counsel had told her that she could be convicted of complicity.
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