In habeas proceedings brought by a defendant convicted of first-degree home invasion claiming ineffective assistance of counsel, grant of a conditional writ is reversed and remanded where: 1) defendant has not shown that his trial counsel were ineffective and he cannot establish that he was prejudiced by the alleged ineffectiveness; 2) defendant’s appellate counsel was therefore also not ineffective, for appellate counsel cannot be ineffective for a failure to raise an issue that lacks merit; and 3) defendant failed to establish cause and prejudice for his procedural default of an ineffective assistance claim, and is barred from raising the issue on habeas review.
Read Guilmette v. Howes, No. 08-2256
Appellate Information
Argued: October 16, 2009
Decided and Filed: January 12, 2010
Judges
Opinion by Circuit Judge Rogers
Counsel
For Appellant: Janet A. Van Cleve, Michigan Attorney General’s Office
For Appellee: Kimberly Thomas, University of Michigan, Michigan Clinical Law Program
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