Legal Opinion

Michael W. Benge v. David Johnson, Warden

Court of Appeals for the Sixth Circuit

Decided January 16, 2007No. 05-3122PublishedCited by 81 opinions

1Opinion of the CourtGilman, J., joined by Rogers, J.,

MARTIN, J. (pp. 250-58), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Michael W. Benge was convicted of aggravated murder and aggravated robbery in violation of Ohio law and was sentenced to death. He filed a petition for habeas corpus that raised sixteen alleged errors in the state-court proceedings. The district court denied the petition, but granted a Certifícate of Appealability (COA) as to seven of Benge’s claims. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

The Ohio Supreme Court set…

2Cases cited22 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Giglio v. United StatesSupreme Court of the United States · 1972
  5. United States v. CronicSupreme Court of the United States · 1984

17 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Hartman v. BagleyCourt of Appeals for the Sixth Circuit · 2007
  2. Jalowiec v. BradshawCourt of Appeals for the Sixth Circuit · 2011
  3. Brooks v. TennesseeCourt of Appeals for the Sixth Circuit · 2010
  4. Ivory v. JacksonCourt of Appeals for the Sixth Circuit · 2007
  5. Mahdi v. BagleyCourt of Appeals for the Sixth Circuit · 2008

76 more not listed; retrieve them via the Exa API.

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