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Capital Petitioner's Claim that Attorney Failed to Investigate and Proffer Mitigating Evidence Rejected

By Shari Allison

Wackerly v. Workman, ___ F.3d ___, 2009 WL 2940045 (10th Cir. 2009).Upholding the death sentence for a typical, impersonal, rural Oklahoma murder, the 10th holds that in spite of counsel?s failure to investigate and present certain mitigating evidence during death penalty phase of state trial, there was no ?reasonable probability? that the evidence would have effected the outcome by changing the position of at least one juror (Okla. requires a unanimous death verdict). The state?s case regarding guilt and the two aggravators?crime committed in a manner to avoid detection and the defendant posing a continuing threat?was particularly strong, while the mitigating evidence not presented was particularly weak. Evidence of petitioner?s substance abuse problems was double-edged?a jury could have faulted him for his failure to effectively address the problem, and could have used the evidence against him, especially in this case where the jury had not already heard of a substance abuse problem earlier in the case...continue to full post

Full post as published by Tenth Circuit Blog on September 18, 2009 (boomark / email).