June 14th, 2018

Busby v. Davis

Docket: 15-70008
Opinion Date: June 13, 2018
Judge: Priscilla Richman Owen
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner, who was sentenced to death for the murder of a seventy-year old woman. The court held that petitioner was not intellectually disabled and not ineligible for execution under Atkins v. Virginia; he did not receive ineffective assistance of counsel on direct appeal and, even if counsel was deficient, petitioner could not establish prejudice; and his trial counsel was not ineffective by failing to conduct an adequate sentencing investigation or by failing to present an adequate mitigation case during the penalty phase of trial.

Read Opinion