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Sixth Circuit penalty phase grant of relief

By Karl R. Keys, Esq.

The Sixth Circuit today granted penalty phase relief in Jells v Mitchell on a common refrain, failure to adequately investigate for the penalty phase. Jells has demonstrated that his counsel provided ineffective assistance when they: (1) failed to timely prepare for the mitigation phase of Jells?s trial; and (2) failed to use a mitigation specialist to gather information about Jells?s background in preparation for mitigation. The Ohio Court of Appeals? refusal to recognize that these omission read more

Full post as published by Capital Defense Weekly on August 18, 2008 (boomark / email).