No. 18-7693

Dustin Dressner v. Louisiana

Lower Court: Louisiana
Docketed: 2019-01-31
Status: Denied
Type: IFP
IFP
Tags: brain-damage ineffective-assistance-of-counsel organic-brain-damage penalty-phase prejudice-standard sears-v-upton sixth-amendment strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-03
Brief of respondent Darrell Vannoy, Warden in opposition filed.
2019-03-29
Motion to extend the time to file a response from April 3, 2019 to May 3, 2019, submitted to The Clerk.
2019-03-29
Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2019.
2019-03-01
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2019.
2019-02-28
Motion to extend the time to file a response from March 4, 2019 to April 3, 2019, submitted to The Clerk.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Darrell Vannoy, Warden
Juliet L. ClarkAssistant District Attorney, Respondent
Juliet L. ClarkAssistant District Attorney, Respondent
Dustin Dressner
Matilde Jean CarbiaCapital Post-Conviction Project of Louisiana (CPCPL), Petitioner
Matilde Jean CarbiaCapital Post-Conviction Project of Louisiana (CPCPL), Petitioner