United States Fifth Circuit

Defendant-s ineffective-assistance of counsel claim based on failure to present and investigate "mental health" mitigating evidence, "family background" mitigating evidence, and on a failure to file a transfer motion does not warrant habeas relief under Section 2254(d). Additionally, federal review of defendant's Eighth Amendment claim is precluded under the "independent and adequate state ground" doctrine.

Appellate Information

• Decided 06/06/2002
• Published 06/07/2002

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Silas Wood McCharen (argued), Daniel, Coker, Horton & Bell, Cynthia Ann Stewart, Jackson, MS, for Foster., Marvin L. White, Jr. (argued), Jackson, MS, for Johnson.