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Georgia Supremes grant relief

By Karl R. Keys, Esq.

The Georgia Supreme Court has granted relief in Hall v. Mark McPherson as counsel performed an inadequate penalty phase investigation and, as a result, failed to present favorable evidence to the jury.  [Note thee Court relied upon both the American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases and the Southern Center for Human Rights Defense Manual in evaluating counsel?s performance].  From that opinion: No reasonable lawyer in counsel?s position would have decided not to seek McPherson?s drug treatment records, particularly his Charter Peachford records.18 Trial counsel?s investigation also was not reasonable in light of the guidelines set forth by the American Bar Association, which provide that counsel at every stage of a capital case ?have a continuing duty to investigate issues bearing upon penalty and to seek information that supports mitigation or rebuts the prosecution?s case in aggravation...continue to full post

Full post as published by Capital Defense Weekly on July 02, 2008 (boomark / email).