United States Ex Rel. Emerson v. Gramley

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Petitioner Dennis Emerson brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Emerson essentially raises three challenges to his conviction and sentence: (1) he was afforded ineffective assistance of counsel at the guilt-innocence phase of the trial, (2) he was afforded ineffective assistance of counsel at the sentencing phase of trial, and (3) he was sentenced under an unconstitutional sentencing scheme. For the reasons set forth below, his petition is granted in part and denied in part.

I. Background 1

In his second…