Death Penalty OK Though Jury Not Told of Accused’s Brain Damage

A Texas woman found guilty of capital murder and sentenced to death lost a bid to overturn her conviction, after the Fifth Circuit said she failed to show ineffective assistance of counsel.

The failure of Erica Sheppard’s attorney to call family members to testify about her abusive and traumatic upbringing, or to seek a comprehensive psychiatric diagnosis of Sheppard, didn’t constitute ineffective assistance, the court said.

It was sufficient that her attorney had a psychiatrist evaluate her sanity and competence, and testify that she suffered from depression and mood swings and heard voices in her head, the court said.

Evidence ...