Mental Health Mitigation Evidence and Ineffective Assistance of Counsel

Journal of the American Academy of Psychiatry and the Law

article

Anthony Delmonte¹  James L. Knoll¹ 

[1] Department of Psychiatry and Behavioral Sciences SUNY Upstate Medical University Syracuse

关键词: death penalty;    mitigation;    ineffective assistance;   

DOI  :  10.29158/JAAPL.210080-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

death penaltymitigationineffective assistanceFailure to Present Evidence of Mental Illness in Death Penalty Mitigation May Establish an Ineffective Assistance of Counsel ClaimIn United States v. Runyon, 983 F.3d 716 (4th Cir. 2020), the U.S. Court of Appeals for the Fourth Circuit considered the claim that a lawyer's failure to investigate fully, and present mitigating evidence of, a defendant's brain injury and mental illness constituted ineffective assistance of counsel in violation of the Sixth Amendment. A district court had dismissed the claim. The Fourth Circuit disagreed, held that the claim was colorable, and remanded the case for an evidentiary hearing to resolve the matter.

【 授权许可】

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