Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections
HabeasCorpus Punishment
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny
QUESTIONS PRESENTED 1. When determining if a capital defendant was prejudiced by counsel’s deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny. 2. Whether a state court decision is based on an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when the court denies an evidentiary hearing, despite that the petition presents, for the first time, evidence of petitioner’s traumatic upbringing, including physical and sexual abuse; placement in special education; and a history of mental illness. 3. Whether it is an unreasonable application of this Court’s death-penalty jurisprudence to conclude that, notwithstanding a capital defendant’s severe mental impairments, he may be sentenced to death because his crime was not impulsive. (i)