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Habeas, Ineffective Assistance Claim Remanded

May 25, 2010, 4:00 AM

The U.S. Court of Appeals for the Eleventh Circuit did not correctly apply the governing standard to a death row inmate’s request for habeas corpus in a case involving an ineffective assistance of counsel claim, a per curiam opinion of the U.S. Supreme Court held May 24 (Jefferson v. Upton).

As a child, the petitioner Jefferson’s head was run over by a car. During his trial for the murder of a coworker, his attorneys had some mental evaluations done, but did not have him undergo a neuropsychological evaluation, even though one doctor originally said the test would be ...