In a capital habeas case involving a petitioner convicted of aggravated murder of his son and sentenced to death, denial of the petition is affirmed where: 1) defendant's Brady claim is rejected as there is no reasonable probability that, had a certain police report been disclosed, the outcome would have been different; 2) defendant's ex post facto and due process violation claims are rejected; 3) defendant's ineffective assistance of counsel during the penalty phase claim is rejected; 4) defendant's Fifth Amendment violation claim based on prosecution's comment on his failure to testify is rejected; and 5) district court did not err in concluding that defendant procedurally defaulted two of his ineffective assistance of counsel claims.
Argued: June 10, 2009
Decided and Filed: November 5, 2009
Opinion by Circuit Judge Sutton
For Appellant: Keith A. Yeazel, Law Office, Columbus, Ohio
For Appellee: Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio