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: 006111327459

Filed: 06/06/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Leonard Green
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: June 06, 2012
Ms. Laura A. Cook
Mr. Joel D. McGormley
Ms. Laura Graves Moody
Mr. John S. Pallas
Office of the Michigan Attorney General
Appellate Division
P.O. Box 30217
Lansing, MI 48909
Mr. Ryan Thomas Holte
Jones Day
1420 Peachtree Street, N.E., Suite 800
Atlanta, GA 30309

Re: Case Nos. 09-1876/09-1960, Frank Nali v. Thomas Phillips
Originating Case No. : 2:07-cv-15487
Dear Counsel,
The court today announced its decision in the above-styled cases.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Leonard Green, Clerk
Cathryn Lovely
Deputy Clerk
cc: Ms. Joan E. Morgan
Mr. David J. Weaver
Enclosures
Mandate to issue.