Thursday, October 12, 2006

Counsel failed to investigate

Outten v. Kearney (09/28/06 - No. 04-9003)
Petition for writ of habeas corpus in a first degree murder capital punishment case is granted and the case remanded for resentencing where counsel's failure to conduct a reasonable investigation of defendant's background in anticipation of his capital sentencing violated his Sixth Amendment right to effective assistance of counsel. http://caselaw.lp.findlaw.com/data2/circs/3rd/049003p.p

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