Reversal of grant of conditional writ of habeas corpus for defendant convicted of drug related crimes
Lovell v. Duffey, 08-3142, concerned a challenge to the the district court's issuance of a conditional writ of habeas corpus on
the ground that defendant's attorney was ineffective in failing to
advise her of the potential adverse consequences of rejecting the state
prosecutor's plea offer, in a conviction of defendant for drug related offenses.
In reversing the district court's judgment, the court reinstated the
defendant's conviction and sentence as, because the evidence supporting
the decision of the Ohio Court of Appeals is at least as strong as the
evidence to the contrary, the district court erred in concluding that
the result reached by the Ohio Court of Appeals was unreasonable.
Further, the AEDPA requires denial of defendant's petition for a writ of
habeas corpus as, even if the decision of the Ohio Court of Appeals was
arguably wrong, there is no justification to find its result