Legal Opinion
Scott M. Smith v. State of Ohio Department of Rehabilitation and Corrections
Court of Appeals for the Sixth Circuit
Decided September 8, 2006No. 04-4280PublishedCited by 145 opinions
1Opinion of the Court
OPINION
KAREN NELSON MOORE, Circuit Judge.
Petitioner-Appellant Scott M. Smith filed a petition for habeas corpus raising claims of double jeopardy and insufficient evidence. The district court denied Smith’s petition on the ground that Smith could have pursued further remedies through the Ohio courts but lost that opportunity by failing to comply with the state procedural rules regarding the timing of filing an appeal to the Ohio Supreme Court. The district court rejected Smith’s argument that his procedural default should be excused because of the ineffective assistance of his appellate…
2Cases cited30 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Jones v. BarnesSupreme Court of the United States · 1983
- Smith v. RobbinsSupreme Court of the United States · 2000
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
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3Cited by145 opinions
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- Nichols v. United StatesCourt of Appeals for the Sixth Circuit · 2009
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