June 14th, 2018
Busby v. Davis
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.
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