Legal Opinion
Rafael Deitz v. Christine Money
Court of Appeals for the Sixth Circuit
Decided December 13, 2004No. 03-3431PublishedCited by 70 opinions
1Opinion of the Court
OPINION
GILMAN, Circuit Judge.
Rafael Deitz filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the constitutionality of his 1997 conviction for drug trafficking. His petition was denied by the district court. The primary issue on appeal is whether Deitz’s claim that he was denied the effective assistance of counsel is procedurally defaulted and therefore not reviewable. For the reasons set forth below, we VACATE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.
I. BACKGROUND
In May of 1996, a Lorain County,…
2Cases cited14 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
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3Cited by70 opinions
- Jells v. MitchellCourt of Appeals for the Sixth Circuit · 2008
- Scott M. Smith v. State of Ohio Department of Rehabilitation and CorrectionsCourt of Appeals for the Sixth Circuit · 2006
- Thompson v. BellCourt of Appeals for the Sixth Circuit · 2009
- Girts v. YanaiCourt of Appeals for the Sixth Circuit · 2007
- Murphy v. OhioCourt of Appeals for the Sixth Circuit · 2009
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