HabeasCorpus
Whether it violates the Sixth Amendment and this Court's precedent in Strickland v. Washington and Sears v. Upton where trial counsel failed to follow up on 'red flags' indicating organic brain damage
QUESTIONS PRESENTED Whether it violates the Sixth Amendment and this Court’s precedent in Strickland v. Washington 466 U.S. 668, 104 S. Ct. 2052 (1984) and Sears v. Upton, 561 U.S. 945, 130 S. Ct. 3259 (2010) where trial counsel, while presenting some mitigating evidence, failed to follow up on “red flags” indicating organic brain damage, and where, in denying relief, the Louisiana Supreme Court applied an incorrect prejudice standard to Petitioner’s claim that he received ineffective assistance of counsel at the penalty phase, holding that Petitioner did not show that “the result would have been different had [trial counsel] presented the evidence upon which [Petitioner] currently relies.” i