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9th Circuit grants penalty phase relief

By cdw

The Ninth Circuit in Michael Allen Hamilton v. Ayers,  No. 06-99008, granted relief on well worn grounds, trial counsel’s penalty phase performance: Hamilton was constitutionally entitled to effective representation at the penalty phase of his capital trial, but he did not receive it. His counsel failed to investigate a substantial amount of available mitigating evidence concerning Hamilton?s horrific childhood and mental illness, and thus could not possibly have made a strategic decision as to a mitigation defense. Counsel compounded these errors by presenting only one witness, Hamilton?s mother, whose testimony was likely more harmful than helpful. ?[C]ounsel?s duty is not discharged merely by presenting some limited evidence. Rather, a penalty phase ineffective assistance claim depends on the magnitude of the discrepancy between what counsel did investigate and present and what counsel could have investigated and presented...continue to full post

Full post as published by Capital Defense Weekly on September 18, 2009 (boomark / email).