Kelly v. Lazaroff

Kelly was convicted, in Ohio state court, of felony murder, felonious assault, and assault for his involvement in a 2009 fight near Kent State University and was sentenced to 15 years to life imprisonment. On direct appeal, he raised a claim that his trial counsel was ineffective. Kelly’s counsel on direct appeal included the wife and business partner of his trial counsel. Kelly’s direct appeal and state post-conviction claims were unsuccessful. With new counsel, Kelly brought a federal claim of ineffective assistance of trial counsel in a 28 U.S.C. 2254 habeas petition, advancing a theory of his trial counsel’s ineffectiveness that had not been fully presented before the Ohio state courts. Kelly also argued that his appellate counsel was constitutionally ineffective, a claim that had been properly presented before the Ohio state courts, and that his appellate counsel’s ineffectiveness should excuse his procedurally defaulted ineffective-assistance-of-trial-counsel claim under Supreme Court precedent. The district court rejected both arguments, concluding that the actions of Kelly's appellate counsel, even if allegedly ineffective, could not excuse Kelly’s procedurally defaulted ineffective-assistance-of-trial-counsel claim, and that his ineffective-assistance-of-appellate-counsel claim could not overcome AEDPA deference. The Sixth Circuit affirmed, citing the deference due strategic decisions made by counsel. View "Kelly v. Lazaroff" on Justia Law