United States Third Circuit

In cross-appeals from a judgment of the district court denying defendant habeas relief from his conviction for first-degree murder, but granting him such relief on his death sentence, judgment is affirmed where: 1) trial counsel was ineffective for failing to investigate, develop, or introduce expert mental health testimony and institutional records in mitigation during the sentencing phase, and that the state court's decision to the contrary was unreasonable; and 2) evidence of prosecutorial misconduct during the guilt phase of trial was not "newly discovered" and therefore defendant was not entitled to a Rule 59(e) motion.

Appellate Information

• Decided 12/22/2011
• Published 12/22/2011

Judges

• CHAGARES

Court

• United States Third Circuit

Counsel