Monday, January 09, 2006

6th Cir. Affirms Grant of Habeas

Appellate Law & Practice and Decision of the Day are discussing today's Sixth Circuit habeas case, Franklin v. Anderson. The most significant aspect of the opinion appears to be its holding that Franklin's ineffective assistance claim wasn't procedurally defaulted. Ohio state courts held that Franklin's motion asserting this claim was late. But the Sixth Circuit held that Ohio's application of this rule was inconsistent. Thus, it wasn't an adequate and independent state ground.

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