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Criminal Law

: Defense Newsletter Blog

DeYoung: No Habeas relief for 1993 murders

By Tim Cone

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In DeYoung v. Schofield, (09-10964), the Court affirmed the denial of habeas relief to a Georgia death-row inmate for the 1993 murder of his parents and sister.The Court rejected the argument that DeYoung?s counsel was deficient in failing to investigate his personal history, noting counsel?s investigation of potential witnesses. The Court also rejected the argument that counsel failed to adequately investigate Spencer?s mental health history, noting that Spencer himself had not disclosed to counsel any mental health information.Finally, the Court noted that DeYoung would have been unable to show prejudice, because of the ?carefully planned and premeditated? nature of his murders, and the ?study in brutality? in his method of killing.

Full post as published by Defense Newsletter Blog on June 28, 2010 (boomark / email).

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