United States Tenth Circuit

Death row inmate's habeas petition was properly denied where: 1) his attorney's failure to request a mental health expert at the trial's mitigation phase did not constitute ineffective assistance; 2) the trial court's failure to provide such an expert at the guilt/innocence phase was not wrongful; 3) counsel's performance at the mitigation phase was objectively reasonable given that his investigation attempts were thwarted by his client; and 4) a due process challenge was procedurally barred.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before TACHA, KELLY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy Payne, Assistant Federal Public Defender (James A. Drummond, Supervising Assistant Federal Public Defender, Capital Habeas Unit, on the briefs), Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• Jennifer Strickland, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, on the brief), Oklahoma City, OK, for Respondent-Appellee.