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Sixth Circuit penalty phase relief grant

By cdw

The Sixth Circuit Friday granted penalty phase relief in Rayshawn Johnson v. Bagley, Nos. 06-3846/3847. The story line is familiar:”Johnson?s attorneys admitted in their post-conviction testimony that they began thinking about a mitigation strategy only when ?the verdict was back and [the jury] found [Johnson] guilty.? Penalty phase in light of ineffective assistance of counsel seems to almost have been a given. However, The State argues that Johnson?s attorneys cannot be held responsible for the evidence not presented to the jury because none of their interviewees ?provide[d] them with? evidence of Faulkner?s abusive history or the extent of Demeatra?s negative influence on Johnson. First Br. at 42. Uncooperative defendants and family members, however, do not shield a mitigation investigation (even under AEDPA?s deferential standards) if the attorneys unreasonably failed to utilize other available sources that would have undermined or contradicted information received...continue to full post

Full post as published by Capital Defense Weekly on October 10, 2008 (boomark / email).