# Eugene Rice v. Ronald C. Marshall

> Court of Appeals for the Sixth Circuit · April 24, 1987 · 816 F.2d 1126

URL: https://www.frixlaw.com/law-library/cases/9476073

## Case

- **Full name:** Eugene RICE, Petitioner-Appellee, v. Ronald C. MARSHALL, Respondent-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** April 24, 1987
- **Citations:** 816 F.2d 1126; 1987 U.S. App. LEXIS 5326
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Lively, Jones, Guy
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9476073

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9476073. Public record. Not legal advice.