|
DERRICK BELL, Petitioner-Appellant, v. KURT JONES, Warden, Carson City Correctional Facility, Respondent-Appellee. |
|
Filed: April 14, 2009
Before: MERRITT, MARTIN, and SUHRHEINRICH, Circuit Judges.
Derrick Bell, a pro se Michigan prisoner, petitions the court to rehear en banc an order denying him a certificate of appealability. The motion has been referred to this panel of three judges, two of whom are senior judges, on which the original deciding judge does not sit, for a determination on the merits of the petition for rehearing. We conclude that the original deciding judge did not misapprehend or overlook any point of law or fact when he issued his order, and, accordingly, declines to rehear the matter. Fed. R. App. P. 40(a).
The Clerk shall now refer the matter to all of the active eligible members of the court for further proceedings on the suggestion for en banc rehearing.
|
MARK W.WILES, Petitioner-Appellant, v. MARGARET BAGLEY, Warden, Respondent-Appellee. |
|
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 02-00992—Paul R. Matia, District Judge.
Argued: December 11, 2008
Decided and Filed: April 14, 2009
Before: MARTIN, SILER and SUTTON, Circuit Judges.
SUTTON, Circuit Judge. Mark Wiles murdered a fifteen-year-old boy with a kitchen knife during a botched burglary in 1985. After he waived his right to a jury trial, a panel of three Ohio judges convicted him of aggravated murder and aggravated burglary, then sentenced him to death. After exhausting his state-court appeals and post-conviction remedies, Wiles sought a writ of habeas corpus under 28 U.S.C. § 2254, arguing (among other things) that he was denied the effective assistance of counsel under the Sixth and Fourteenth Amendments. Because Wiles has not shown that he was prejudiced by his counsel’s alleged shortcomings, we affirm.