HARDAWAY v. ROBINSON

No. 08-1156.

655 F.3d 445 (2011)

Holland HARDAWAY, Petitioner-Appellant, v. Kenny ROBINSON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2011.


Attorney(s) appearing for the Case

ARGUED: B. Kurt Copper II , Jones Day, Columbus, Ohio, for Appellant. John S. Pallas , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: B. Kurt Copper II , Chad A. Readler , Erik J. Clark , Jones Day, Columbus, Ohio, for Appellant. Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. Holland Hardaway , Kincheloe, Michigan, pro se.

Before: BATCHELDER, Chief Judge; ROGERS and KETHLEDGE, Circuit Judges.


AMENDED OPINION

ROGERS, Circuit Judge.

Holland Hardaway appeals the denial of a habeas petition challenging his 1994 murder conviction on two grounds. Hardaway's first argument, that his due process rights were violated when the trial judge gave the jury a coercive Allen instruction, lacks merit. However, Hardaway is entitled to relief on his second ground, because the ineffective assistance of appellate counsel — who failed to file an appellate...

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