USA: Habeas Relief Wrongly Given to Inmate in Cocaine Case, Split Sixth Circuit Says


A district court wrongly granted habeas relief to an inmate who was sentenced for possession with intent to distribute cocaine after his counsel came to a hearing unprepared, a divided Sixth Circuit ruled on Friday.

The US Court of Appeals for the Sixth Circuit held that the state court’s earlier denial of Steven Lee Moss’s ineffective assistance claim overrides a federal court’s later decision holding that such relief is warranted. The warden appealed the district court’s ruling to the Sixth Circuit panel.

Moss was arrested and charged with possession with intent to deliver 1,000 or more grams of cocaine and …

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