· 7/28/2005
Ronald R. Harries, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-Appellee
Citations
- 417 F.3d 631
- 2005 U.S. App. LEXIS 15427
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that petitioner need not show that counsel’s deficient performance more likely than not altered the outcome
- holding that counsel was ineffective for failing to pursue “viable leads regarding Harries’s poor mental health and troubled family background”
- clarifying that the test is not if the jury could have imposed the same sentence even if it had heard the unpresented evidence
- finding that counsel's failure to follow leads indicating a troubled childhood was deficient and that counsel has a duty to pursue such investigation even if the defendant refuses to cooperate
- holding trial counsel deficient at mitigation for failing to fully investigate the defendant’s family history and mental health, despite having conducted at least six interviews
- holding trial counsel deficient at mitigation for failing to fully investigate the defendant’s family history and mental health, despite having conducted at least six interviews
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Gibbons, Cook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.