United States Tenth Circuit

In a capital habeas matter, denial of the petition is affirmed where petitioner claimed that defense counsel rendered ineffective assistance by failing to investigate and then present evidence of petitioner's drug addiction and alleged mental impairment to the jury during the penalty phase of his trial, but there was no reasonable probability that the evidence he pointed to would have altered his sentence.

Appellate Information

• Decided 09/15/2009
• Published 09/15/2009

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James T. Rowan, Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• Seth S. Branham, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the brief), for Respondent-Appellee.