United States Tenth Circuit

In a capital habeas matter, the denial of Petitioner's petition is affirmed where: 1) defense counsel made an objectively reasonable strategic decision in not investigating further or presenting psychological evidence at trial; and 2) a post-trial examination of the gun Petitioner used did not indicate it was faulty in any material way that would have caused it to accidentally discharge.

Appellate Information

• Decided 06/19/2009
• Published 06/19/2009

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, TYMKOVICH and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Andrew Parnes and W. Keith Goody, Attorneys for Petitioner-Appellant.


• For Appellees:
  
• Thomas B. Brunker, Assistant Attorney General (Erin Riley, Assistant Attorney General, and Mark Shurtleff, Utah Attorney General with him on the briefs), Salt Lake City, UT, for Respondent-Appellee.