Mammone v. Jenkins

Filing 43

Order Amending Certificate of Appealability : The certificate of appealability be, and the same hereby is, amended to certify the claim that trial counsel were ineffective for not retaining a neuropsychologist to evaluate the petitioner without the attendant question of procedural default that was erroneously certified. Judge James G. Carr on 10/10/19. (re 41 Order, 42 Judgment)(C,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
James Mammone,

Case No. 5:16CV900
Petitioner

v.

ORDER AMENDING
CERTIFICATE OF
APPEALABILITY

Charlotte Jenkins, Warden,
Respondent
On review of this court’s order granting a certificate appealability on, inter alia, the
petitioner’s claim that trial counsel were ineffective for not retaining a neuropsychologist to
evaluate him, it appears that, due to a scrivener’s error, I incorrectly stated that petitioner had
procedurally defaulted this claim and that the certificate would encompass the question whether
this default could be excused. (Doc. 41, PageID 11737, 11738–39).
Because I rejected this ineffective-assistance claim on the merits and did not find that it
was procedurally defaulted (id., PageID 11698–11703), it is hereby ORDERED THAT the
certificate of appealability be, and the same hereby is, amended to certify the claim that trial
counsel were ineffective for not retaining a neuropsychologist to evaluate the petitioner without
the attendant question of procedural default that was erroneously certified.
So ordered.
/s/ James G. Carr
Sr. U.S. District Judge