Ferrell v. Hall, No. 06-11954 (11th Cir. 2011)
Annotate this CasePetitioner was sentenced to death following his convictions on two counts of malice murder for the fatal shootings of his grandmother and fifteen-year-old cousin. At issue was whether habeas relief was properly denied where trial and appellate counsel were ineffective in failing to conduct a reasonable investigation for mitigating evidence; where trial counsel's penalty-phase closing argument was ineffective; where petitioner's right to conflict-free counsel was wrongfully denied; and where petitioner was constructively absent from the penalty phase of trial. The court held that the state court's rejection of petitioner's ineffective-assistance claims was an unreasonable application of Strickland v. Washington where neither the jury nor the sentencing judge was ever told that petitioner suffered from extensive mental health problems and a history of abuse. Accordingly, the court granted habeas corpus relief and had no occasion to address petitioner's remaining penalty-phase claims. The court further held that it was unpersuaded by petitioner's claim that he was otherwise unconstitutionally encumbered by conflict-ridden counsel.
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