Reversal obtained in the Sixth Circuit from the district court's denial of inmate's habeas petition following an Ohio trial court's unconstitutional sentencing
Clients Derrick Benning
Jeff Manghillis and a team of Jones Day Columbus associates obtained a reversal in the Sixth Circuit from the district court's denial of our client Derrick Benning's habeas petition. Pursuant to the United States Supreme Court's decisions in Blakely and Booker and the Ohio Supreme Court's decision in Foster, Mr. Benning was unconstitutionally sentenced when the judge made findings of fact when she sentenced him. Ohio district courts were split regarding whether a Blakely error constituted harmless error. The Sixth Circuit addressed the issue for the first time in Mr. Benning's appeal, holding in our client's favor.