Frank Nali v. Thomas Phillips

Filing

OPINION and JUDGMENT filed; The district court's order unconditionally granting Nali's petition for a writ of habeas corpus is REVERSED. The district court's order vacating and setting aside Nali's conviction for extortion and its order directing Warden Thomas Phillps to release Nali from custody are REVERSED. The district court's denial of habeas corpus relief on Nali's ineffective assistance-of-counsel claim is AFFIRMED. The case is REMANDED to the district court for an entry of an order in compliance with this decision. Decision for publication pursuant to local rule 206. Karen Nelson Moore and Julia Smith Gibbons, Circuit Judge; Arthur L. Alarcon, Senior Circuit Judge of the Ninth Circuit Court of Appeals, sitting by designation. [09-1876, 09-1960]

Case: 09-1876

Document: 006111327458

Filed: 06/06/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 09-1876/1960

FILED
FRANK NALI,
Petitioner- Appellee/Cross-Appellant,

Jun 06, 2012
LEONARD GREEN, Clerk

v.
THOMAS PHILLIPS, Warden,
Respondent - Appellant/Cross-Appellee.
Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.
JUDGMENT
On Appeals from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s order
unconditionally granting Nali’s petition for a writ of habeas corpus is REVERSED. IT IS FURTHER
ORDERED that the district court’s order vacating and setting aside Nali’s conviction for extortion and
its order directing Warden Thomas Phillips to release Nali from custody are REVERSED. The district
court’s denial of habeas corpus relief on Nali’s ineffective assistance-of-counsel claim is AFFIRMED.
The case is REMANDED to the district court for entry of an order in compliance with this decision.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk