LeCroy, Jr. v. United States, No. 12-15132 (11th Cir. 2014)
Annotate this CasePetitioner, a federal death-row inmate, appealed the district court's denial of his petition to vacate his sentence under 28 U.S.C. 2255. Petitioner argued that he received ineffective assistance of counsel because his attorneys failed to investigate mental health mitigation evidence and then present it during the sentencing phase of the trial; his attorneys failed to object to jury instructions on the issue of petitioner's future dangerousness and escape risk; and his attorneys failed to request a jury instruction that the balancing of the aggravating and mitigating factors could be conducted according to the reasonable doubt standard. The court applied Strickland v. Washington's deferential standard and rejected defendant's arguments. Even if counsels' performances were deficient, petitioner failed to demonstrate prejudice. Accordingly, the court affirmed the judgment of the district court.
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