Johnson v. Secretary, DOC, No. 09-15344 (11th Cir. 2011)
Annotate this CasePetitioner, who was 65-years-old, had been on death row for nearly half of his life after he was convicted of first degree murder and second degree murder in 1980. The court granted a certificate of appealability on two issues related to petitioner's claim of ineffective assistance of counsel and his right to the independent assistance of a mental health expert. The court held that counsel's failure to adequately investigate petitioner's background and his resulting failure to present the non-statutory mitigating circumstances evidence fell below the standards of reasonably competent legal performance guaranteed by the Sixth and Fourteenth Amendments. The court also held that counsel's deficiencies established prejudice in light of the holding in Williams v. Taylor. Accordingly, the court erred in denying habeas relief on the ineffective assistance of counsel claim.
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