Ferguson v. Sec'y. for the Dep't of Corrs., No. 05-13595

In a capital habeas matter, denial of the petition is affirmed where: 1) defense counsel was not ineffective during the penalty phase because the aggravating circumstances far outweighed any mitigating factors, even taking into account the evidence that counsel failed to uncover; and 2) any infirmities in the trial court's initial jury instructions would have been cured by the court's subsequent statement.

Read Ferguson v. Sec'y. for the Dep't of Corrs., No. 05-13595

Appellate Information

Filed August 26, 2009

Judges

Opinion by Judge Birch