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SCOTUS cert. grant: Wood v. Allen: IAC on failure to raise mental health condition in a capital case

By John Wesley Hall, Jr.

SCOTUS granted cert in Wood v. Allen, 08-9156, yesterday. SCOTUSWiki here (not complete at the time of posting here, but it will be fleshed out later). The issue: Whether the state court’s conclusion–-that during the sentencing phase of a capital case the defense attorney’s failure to present the defendant’s impaired mental functioning did not constitute ineffective counsel–-was based on an unreasonable determination of the facts and whether the circuit court erred in its application of the Antiterrorism and Effective Death Penalty Act (AEDPA) to the review of the state court decision. The 11th Cir.'s decision below is here.

Full post as published by Law Of Criminal Defense on May 19, 2009 (boomark / email).