In a murder prosecution, grant of petitioner's habeas petition is reversed where petitioner could not argue that his counsel provided ineffective assistance because it would have been legally incorrect for counsel to argue that his sentence to consecutive terms based on judge-found facts was improper.
Argued: April 23, 2009
Decided and Filed: August 3, 2009
Opinion by Judge Moore
Jerri L. Fosnaught, Office of the Ohio Attorney General, Columbus, OH
Craig M. Jaquith, Ohio Public Defender's Office, Columbus, OH