Citations
- 55 F. Supp. 3d 618
Full opinion text
OPINION
JAMES KNOLL GARDNER, District Judge.
TABLE OF CONTENTS
SUMMARY OF DECISION.
PROCEDURAL HISTORY. C* CO to
CONTENTIONS OF THE PARTIES. ^ CO CD
Petitioner’s Contentions. ^ CO CD
Respondents’Contentions. 10 CO CD
STANDARD OF REVIEW. CD CO
FACTS .
DISCUSSION.
Exhaustion of State Court Remedies.
Procedural Default and the Relaxed Waiver Rule.
Cause and Prejudice .
Sentencing Phase Claims.
Trial Counsel’s Failure to Present Mitigation Evidence.
Pennsylvania Court Decisions.
Legal Standard for Ineffective Assistance of Counsel.
Strickland Standard.
Duty to Investigate Mitigating Evidence...
American Bar Association Guidelines .
Mitigation Evidence Presented at Penalty Phase.
Mitigation Evidence Available at Time of Penalty Phase
Trial Counsel’s Deficient Performance .
Prejudice.
Simmons Instruction.
Catch-All Mitigating Factor Instruction.
Grave Risk Aggravating Factor.
Trial Court Error.
Ineffective Assistance of Counsel.
Proportionality Review.
Victim Impact Testimony .
PCRA Appeal.
Guilt Phase Claims.
Sentencing Phase Claims.
Guilt Phase Claims .
Prosecutorial Misconduct.
Exhaustion.
Fifth Amendment Right Against Self-Incrimination.
Prejudicial and Inflammatory Statements in Violation of Due Process.
Failure to Present Exculpatory Statement of Co-Defendant.
Failure to Move In Limine to Redact Petitioner’s Confession.
Sufficiency of the Evidence.
Exhaustion.
Supreme Court of Pennsylvania Decision.
Merits Analysis.
Suppression of Post-Arrest Statements.
Waiver of Miranda Rights.
Trial Court Findings of Fact.
Direct Appeal.
Exhaustion.
Merits Analysis.
Ineffective Assistance of Counsel. co
Direct Appeal. h*.
Merits Analysis.. h-
Cumulative Effect of All Errors.