Purkey v. United States, No. 10-3462 (8th Cir. 2013)
Annotate this CaseDefendant was convicted of the interstate kidnap, rape, and murder of a sixteen-year-old. On appeal, defendant challenged the denial of his motion to vacate, set aside, or correct his sentence of death under 28 U.S.C. 2255. The court concluded that defendant's proffered evidence, taken as true, failed to establish that his trial counsel's allegedly deficient performance was prejudicial to defendant. Further, the district court did not abuse its discretion by denying defendant's request for an evidentiary hearing. Accordingly, the court affirmed the judgment of the district court.
Court Description: Prisoner case - Habeas. Claim that Purkey received ineffective assistance of counsel during the penalty phase of his death penalty trial was properly rejected without an evidentiary hearing as his proffered evidence, taken as true, failed to establish that his trial counsel's allegedly deficient performance - failure to adequately prepare and present certain expert testimony, failure to adequately investigate and prepare two mitigating witnesses and failure to develop and present other mitigating evidence - was prejudicial to Purkey.
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