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Kobal: Absence of brain damage evidence did not warrant habeas relief

By Tim Cone

In Kokal v. Sec. Dep?t of Corrections, No. 08-11722 (Oct. 18, 2010), the Court denied habeas relief to a Florida inmate sentenced to death for the 1983 murder a sailor.The Court rejected Kobal?s argument that his lawyer was ineffective for failing to conduct an investigation that would have revealed Kobal?s brain damage. The Court found that the Florida Supreme Court, in previously balancing the aggravating and mitigating factors, had not weighed the factors unreasonably in concluding that Kobal was not prejudiced by the lack of evidence of brain damage. The Court noted the ?heartless? nature of the murder, and that, even had Kobal presented evidence of brain damage (which the Court found weak), he would also have presented evidence of his substance abuse on the night of the crime, a two-edged sword.continue to full post

Full post as published by Defense Newsletter Blog on October 19, 2010 (boomark / email).