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CA9: Failure to put on mental deficiency in penalty phase was IAC

By John Wesley Hall, Jr.

Defense counsel was ineffective for not putting on defendant's mental deficiencies in the penalty phase of his death penalty trial. Stanley v. Schriro, 2010 U.S. App. LEXIS 5175 (9th Cir. March 11, 2010): Stanley has a stronger argument regarding use of the Hammitt interview as mitigation evidence during the sentencing phase. We pause for a moment to note our dissenting colleague's disturbing argument that the passage of time should somehow militate against habeas relief. See Dissenting Opinion, pp. 4175-76. Indeed, Stanley has met all deadlines in filing for post-conviction relief, including the restrictive AEDPA deadlines. After the Arizona Supreme Court affirmed Stanley's conviction in 1991, Stanley filed a preliminary petition for post-conviction relief in the trial court...continue to full post

Full post as published by Law Of Criminal Defense on March 14, 2010 (boomark / email).