Cummings v. Sec'y., Dept. of Corrs., No. 09-12416

In a capital habeas matter, denial of petitioner's habeas petition is affirmed where defense counsel did not provide ineffective assistance during the penalty phase because defendant clearly instructed counsel not to investigate or present mitigation evidence, and thus the scope of counsel's duty to investigate was significantly more limited than in the ordinary case.

Read Cummings v. Sec'y., Dept. of Corrs., No. 09-12416

Appellate Information

Filed December 4, 2009

Judges

Opinion by Judge Hull