Kendrick Antonio Simpson v. Mike Carpenter, Interim Warden
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Does the AEDPA require federal courts to apply a doubly-deferential standard of review to the prejudice prong of the Strickland analysis?
QUESTIONS PRESENTED 1. Does the AEDPA require federal courts to apply a doublydeferential standard of review to the prejudice prong of the Strickland analysis? 2. May a death sentence stand when the district court erroneously applies § 2254(d) deference for the judiciallycreated “cause and prejudice” standard thus leading to denials of a Certificate of Appealability on a critical Lockett v. Ohio issue that would have been meritorious had direct appeal counsel not been ineffective in failing to raise it? 3. Is a state court entitled to deference under § 2254(d) when the merits adjudication ignores the fundamental principles of Lockett v. Ohio and Eddings v. Oklahoma and permits prosecutors to deliberately exploit a jury instruction by arguing a defendant’s evidence must reduce his moral culpability or blame for the crime to be considered mitigating? i