Steven Livaditis v. Ron Davis, Warden
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petitioner's mental illness and (ii) the mental impairments and abusive conduct of Petitioner's mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)?
QUESTIONS PRESENTED qd) Was the state court’s summary denial of Petitioner’s claims, alleging defense counsel’s failure to present any penalty phase evidence of (1) Petitioner’s mental illness and (ii) the mental impairments and abusive conduct of Petitioner’s mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)? (2) Would it be unreasonable for a state court to conclude that, in light of the aggravating circumstances in this case, there is no reasonable probability of a different result if counsel had presented the substantial evidence that Petitioner was mentally ill and that his mother was also mentally ill and abusive? 4