----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Tuesday, September 28, 2004 3:59 PM Subject: NewsFlow::Cert granted in death penalty case
Reply "Off List" when appropriate to the sender's email below. ===Sent by G. Jack King <[email protected]> Court granted cert today in Rompilla v. Beard, No. 04-5462 Question(s) Presented: (1) Does Simmons require life-without-parole jury instruction when: only alternative to death sentence under state law is life without possibility of parole; jury asks court three questions about parole and rehabilitation during 11 hours of penalty-phase deliberations; prosecution's evidence is that defendant is violent recidivist who functions poorly outside prison and who killed someone three months after being paroled from lengthy prison term; and prosecutor argues that defendant is frightening repeat offender and cold-blooded killer who learned from prior convictions that he should kill anyone who might identify him? (2) Is state court decision denying Simmons claim "contrary to" and/or "unreasonable application" of clearly established Supreme Court law when state court held that history of violent convictions is irrelevant to jury's assessment of future dangerousness, while ignoring jury's questions about parole-eligibility and rehabilitation and prosecution's actual evidence and argument? (3) Has defendant received effective representation at capital sentencing when counsel does not review prior conviction records that counsel knows prosecution will use in aggravation, and when those records would have provided mitigating evidence regarding defendant's traumatic childhood and mental health impairment? (4) Has defendant received effective representation at capital sentencing when counsel's background mitigation investigation is limited to conversations with few family members; when few people with whom counsel spoke indicated to counsel that they did not know much about defendant and could not help with background mitigation; when other sources of background information, including other family members, prior conviction records, prison records, juvenile court records, and school records, were available but ignored by counsel; and when records and other family members would have provided compelling mitigating evidence about defendant's traumatic childhood, mental retardation, and psychological disturbances? (5) Does counsel's ineffectiveness warrant habeas relief under AEDPA when state court sought to excuse counsel's failure to obtain any records about defendant's history by saying records contained some information that was "not entirely helpful," by saying counsel hired mental health experts (even though those experts did not do any background investigation and never saw records), and by saying counsel spoke to some family members (even though those family members told counsel they knew little about defendant and could not help with mitigation); and when state court did not even try to address counsel's failure to interview other family members (who knew defendant's mitigating history) or counsel's complete failure to investigate aggravation that prosecution told counsel it would use? __________________ Jack King, Public Affairs NACDL 1150 18th St, NW, Ste 950 Washington, DC 20036 (202) 872-8600 ext 228 Fax (202) 872-8690 Cell (703) 401-3857 ==================================================End_Of_Message Download attachments, if any, or search listserv postings on the Web: http://notes.nacdl.org/listserv07.nsf/WV/NOTS-659SMB ========================================================== HOW TO UNSUBSCRIBE: Create an email to <[email protected]>. Leave the message blank, but enter the word "unsubscribe" in the subject line of your email. Then send. You should receive a confirmation reply within the hour - or call the number below for assistance. ========================================================== Subscription delivery from [email protected]. Review listserv guidelines at http://www.nacdl.org/listserv. Or call NACDL at (202) 872-8600 x222 for assistance.
