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Pigs fly in the Fourth Circuit

By Karl R. Keys, Esq.

The Fourth Circuit today granted penalty phase releif in William Robert Gray, Jr. v. Branker.  “[C]ounsel ignored [ ] red flags and failed to investigate for mental health evidence or consider introducing evidence on that issue,” whether the Commonwealth of Virginia should take his life. As we have already emphasized, prior to their representation of Gray neither Worthington nor Wooten had ever represented a client facing the death penalty. There is no indication that either understood that expert mental health evidence could be critical to the jury?s decision on sentencing. There is no indication that either understood his duty, in light of the circumstances in Gray?s case, to make a thorough investigation into Gray?s mental health and to consider introducing expert evidence on that subject...continue to full post

Full post as published by Capital Defense Weekly on June 24, 2008 (boomark / email).