where defendant was acquitted of possessing a weapon as a convicted felon, jury must have reached verdict based on the possession issue where his status as a convicted felon was uncontested
How later courts described this case
- where defendant was acquitted of possessing a weapon as a convicted felon, jury must have reached verdict based on the possession issue where his status as a convicted felon was uncontested
Written by the judges who cited it.
The opinion
NATHANIEL R. JONES, Circuit Judge,
concurring.
I concur fully in the Chief Judge’s opinion. I write separately only to express my belief that the failure of counsel at Rice’s second trial to object to the handgun evidence constituted ineffective assistance that would itself have satisfied the cause and prejudice standard. See Murray v. Carrier, — U.S. -, 106 S.Ct. 2639, 2646 , 91 L.Ed.2d 397 (1986); accord Cook v. Foltz, 814 F.2d 1109, 1113 (6th Cir.1987) (Merritt, J., concurring).