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Landrum v. Mitchell, 06-4194

By FindLaw Staff on November 04, 2010 3:34 PM

Challenge district court's grant of defendant's petition for habeas relief on ineffective assistance of counsel claim

Landrum v. Mitchell, 06-4194, concerned a challenge to the district court's grant of defendant's petition for habeas relief on the basis of guilt-phase ineffective assistance of counsel.  In reversing the judgment, the court held that defendant procedurally defaulted his claim of ineffective assistance of trial counsel for failing to seek admission of witness's testimony during the guilt phase.  Further, defendant has not shown cause to excuse default of the claim because he has also procedurally defaulted his ineffective assistance of appellate counsel claim.  Lastly, the court held that the balance of defendant's guilt phase ineffective assistance claims are without merit.

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