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HODGE v. HAEBERLIN

No. 06-6027.

579 F.3d 627 (2009)

Benny Lee HODGE, Petitioner-Appellant, v. Glenn HAEBERLIN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Laurence E. Komp, Law Office, Manchester, Missouri, for Appellant. Julie Scott Jernigan, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: Laurence E. Komp, Law Office, Manchester, Missouri, Armand I. Judah, Judah-McLeod, Louisville, Kentucky, for Appellant. Ian G. Sonego, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

ROGERS, J., delivered the opinion of the court, in which COOK, J., joined. MARTIN, J. (pp. 651-56), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The district court properly denied habeas corpus in this case because petitioner Benny Lee Hodge has not shown that his trial counsel rendered ineffective assistance. A jury convicted Hodge and sentenced him to death for his role in a 1985 double murder. Hodge advances numerous claims of ineffective assistance of counsel, including a claim that counsel prevented Hodge from testifying on his own behalf and that counsel ineffectively...

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