CLICK HERE FOR FULL TEXT

ROBERT J. VAN HOOK,
Petitioner-Appellant,
v.
CARL S. ANDERSON, Warden,
Respondent-Appellee.


No. 03-4207

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 94-00269—George C. Smith, District Judge.
Argued: December 6, 2006
Decided and Filed: August 4, 2008
Before: MERRITT, MARTIN, and MOORE, Circuit Judges.

_________________________
OPINION
_________________________

MERRITT, Circuit Judge. This is an appeal in an Ohio death penalty case by the prisoner, Van Hook, seeking habeas corpus relief under 28 U.S.C. § 2254. On the evening of February 18, 1985, petitioner Robert Van Hook arrived at a bar frequented by male homosexuals in Cincinnati, Ohio. He left the bar with David Self, and the two proceeded to Self’s apartment. Once there, Van Hook strangled Self to the point of unconsciousness. He then brutally killed Self, stabbing him several times in the head and abdomen. After stealing a few items from Self’s apartment, Van Hook fled to Florida, where he was apprehended over a month later and subsequently confessed to the murder.

. . .

Because we have decided that counsel offered constitutionally ineffective assistance to Van Hook at the sentencing phase of the trial, we will not decide, and we therefore pretermit the remaining issues. For the foregoing reasons, we reverse the decision of the district court and remand the case to the district court with instructions to issue a writ of habeas corpus vacating Van Hook’s death sentence unless the State conducts a new penalty phase proceeding within 180 days of remand.