HODGE v. HURLEY

No. 03-3166.

426 F.3d 368 (2005)

Demarkus HODGE, Petitioner-Appellant, v. Pat HURLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2005.


Attorney(s) appearing for the Case

ARGUED: Theresa G. Haire, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Mark Joseph Zemba, Office of the Attorney General of Ohio, Cleveland, Ohio, for Appellee. ON BRIEF: Siobhan R. Clovis, Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellant. Mark Joseph Zemba, Office of the Attorney General of Ohio, Cleveland, Ohio, for Appellee.

Before: SILER, MOORE, and COLE, Circuit Judges.


MOORE, J., delivered the opinion of the court, in which COLE, J., joined.

SILER, J. (pp. 396-99), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

This is a child-rape case where the only evidence sufficient to sustain a conviction was a jury determination that the complaining witness was more credible than the defendant. During his egregiously improper closing argument, the prosecutor commented on the credibility of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases