White v. Steele

AVERN COHN, District Judge.

This is an appeal in a habeas case under 28 U.S.C. § 2254. Respondent-Appellant Jewel Steele (“Respondent” or “the State”) appeals from the grant of habeas relief to Petitioner-Appellee Tabatha White (“Petitioner” or “White”). This is the second time this case has been before this Court. Following a divided reversal and remand of the district court’s grant of habeas relief on sufficiency of the evidence grounds, the district court again granted the writ. This time, the district court did so on the grounds that trial counsel was ineffective for failing to request a…