Wednesday, March 04, 2015

Fifith Circuit: Thomas Loden, Jr. v. Rick McCarty

Ineffective Assistance / AEDPA

Lower court findings get AEDPA deference when higher state courts don't review the question.

Deft waiver of mitigation phase need not be informed and knowing.

Thomas Loden, Jr. v. Rick McCarty

[Death penalty is wrong.  -MB]
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.