BENNY LEE HODGE v. SCOTT JORDAN, WARDEN - Articles

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BENNY LEE HODGE v. SCOTT JORDAN, WARDEN

Posted by: Karen Belcher on Sep 10, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, for Appellant.

Attorneys 2: ARGUED: Brett R. Nolan, OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Appellee.

Attorneys 3: ON BRIEF: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, Dana C. Hansen Chavis, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

Attorneys 4: ON BRIEF: Joseph A. Newberg, II, OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Appellee.

Judge(s): SILER, COOK, and WHITE, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Pikeville

SILER, Circuit Judge. In 1986, a Kentucky jury convicted Benny Hodge for the murder of Tammy Acker, the attempted murder of Dr. Roscoe Acker, first-degree robbery, and first-degree burglary. After finding Hodge and codefendant Roger Dale Epperson guilty, the jury recommended death for both. Hodge filed this habeas petition, claiming his counsel provided ineffective assistance of counsel (IAC) at the sentencing phase. Bound by deference under the Antiterrorism and Effective Death Penalty Act (AEDPA), we reject that claim. Hodge also alleges he was denied a fair trial because of jury tampering and the close relationship between the prosecutor and jury foreman. Those claims are also without merit.1 We affirm the district court and deny the writ.

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