District court's conviction of defendant for aggravated robbery and aggravated murder and sentence of death is affirmed in part as to the conviction, but reversed in part as to the sentence where petitioner's trial attorney did not provide his client with effective assistance of counsel during the penalty phase of a second trial, specifically, by failing to meaningfully investigate and to present any mitigation evidence.
Argued: December 6, 2007
Decided and Filed: November 4, 2009
Opinion by Circuit Judge Daughtrey
For Appellant: Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio
For Appellee: Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio