Otte v. Houk

OPINION

BOGGS, Circuit Judge.

Gary Otte is an Ohio prisoner on death row. He appeals the district court’s denial of his petition for a writ of habeas corpus, which was filed pursuant to 28 U.S.C. § 2254. A certificate of appealability was issued for three claims: 1) whether Otte’s waiver of his right to a jury trial was voluntary, knowing, and intelligent; 2) whether Otte’s counsel provided ineffective assistance at the penalty phase of his case; and 3) whether Otte’s confession should have been suppressed because the waiver of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602,…