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Capital Habeas Petitioner's Claims of Improper Victim Impact Evidence, IAC Rejected

By Shari Allison

Young v. Sirmons, ___ F.3d ___, 2008 WL 5220520 (10th Cir. 2008)br /Death penalty affirmance out of Oklahoma. Plaintiff challenged (1) admission of victim impact evidence: the COA held that the Oklahoma Court of Criminal Appeal?s determination that this evidence was not unduly prejudicial (including testimony that the victims? aunt died of a heart attack after learning of the murders) was not contrary to nor an unreasonable application of Sup. Ct. precedent in Payne; and (2) counsel?s effectiveness during the penalty phase. br /br /The COA agrees with the federal district court that while counsel was incompetent in failing to investigate and present mitigating family and friends evidence and expert psychological evidence at the punishment phase, there was no prejudice...continue to full post

Full post as published by Tenth Circuit Blog on December 18, 2008 (boomark / email).