Mullis v. Lumpkin, No. 21-70008 (5th Cir. 2023)
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The Fifth Circuit granted Petitioner a partial certificate of appealability (“COA”) after the district court dismissed his federal habeas corpus petition under the Antiterrorism and Effective Death Penalty Act (“AEDPA”). In his state habeas proceedings, Petitioner procedurally defaulted on his claim of ineffective assistance of trial counsel. He contends that the default stemmed from ineffective assistance of state habeas counsel and should therefore be excused.
The Fifth Circuit affirmed the dismissal, holding that Petitioner had not shown that habeas counsel was ineffective. Accordingly, he has not shown cause for the default. The court explained that it is true that the opinion of a court-appointed psychiatrist does not always exonerate counsel of any duty to investigate further. But considering all the circumstances, Petitioner’s habeas attorneys did not have a duty to investigate more than they did. Further, Petitioner’s counsel, in stark contrast, did investigate by requesting a medical evaluation. And, again, his attorneys were not mounting a defense at trial but instead were determining whether they could acquiesce to Petitioner’s desire to waive habeas relief and dismiss them.
This opinion or order relates to an opinion or order originally issued on August 26, 2022.
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