Weaver v. Bagley
Weaver v. Bagley
Opinion of the Court
George Weaver was convicted of aggravated murder, aggravated robbery, and grand theft in connection with the murder of Terrell Lynn and was sentenced to 34 years to life imprisonment. Weaver filed a petition for writ of habeas corpus alleging several defects in his trial. The magistrate judge recommended the issuance of a writ for Weaver’s ineffective assistance of trial counsel claim based on the failure of Weaver’s counsel to introduce two statements, which allegedly tended to lessen Weaver’s criminal culpability. The district court declined to issue a writ but granted a certificate of appealability as to three issues: (1) the ineffective assistance of trial counsel claim, (2) an ineffective assistance of appellate counsel claim stemming from the failure of Weaver’s appellate counsel to appeal the trial court’s failure to give a curative instruction after a witness refused to testify on Fifth Amendment grounds, and (3) a claim based on the trial judge’s curtailment of defense counsel’s closing argument.
Having studied the record on appeal and the briefs of the parties, we conclude that the judgment of the district court should be AFFIRMED upon the reasoning set out in parts IV.B. D. and E of the district court’s memorandum and order, dated February 8, 2002.
In its treatment of the ineffective assistance of the trial counsel claim, the district court relied on the reasonableness of the Ohio Court of Appeals regarding the two statements that Weaver claims should have been introduced at trial. While the
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