No. 19-8904

William Clyde Gibson, III v. Indiana

Lower Court: Indiana
Docketed: 2020-07-06
Status: Denied
Type: IFP
IFP
Tags: death-penalty ineffective-assistance-of-counsel mitigating-circumstances post-conviction-relief strickland-standard strickland-v-washington traumatic-brain-injury wiggins-v-smith williams-v-taylor
Key Terms:
DueProcess HabeasCorpus Punishment CriminalProcedure
Latest Conference: 2020-10-09
Related Cases: 19-8903 (Vide)
Question Presented (AI Summary)

Whether the Indiana Supreme Court's opinion contravened Williams v. Taylor and Wiggins v. Smith by failing to find deficient performance where counsel failed to investigate evidence that a client facing the death penalty sustained a traumatic brain injury which caused lasting damage

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Indiana Supreme Court’s opinion contravened Williams v. Taylor and Wiggins v. Smith by failing to find deficient performance where counsel failed to investigate evidence that a client facing the death penalty sustained a traumatic brain injury which caused lasting damage. 2. Whether the Indiana Supreme Court’s opinion contravened Strickland v. Washington and Williams v. Taylor by considering the aggravating circumstances in a death penalty case dispositive without balancing them against the mitigating circumstances developed subsequently during post-conviction proceedings. Page 2 of 25

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-04
Brief of respondent Indiana in opposition filed.
2020-07-30
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2020.
2020-07-29
Motion to extend the time to file a response from August 5, 2020 to September 4, 2020, submitted to The Clerk.
2020-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2020)

Attorneys

Indiana
Thomas M. FisherOffice of the Indiana Attorney General, Respondent
Thomas M. FisherOffice of the Indiana Attorney General, Respondent
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent
William Clyde Gibson, III
Joanna Lyn Green IIIPublic Defender Of Indiana, Petitioner
Joanna Lyn Green IIIPublic Defender Of Indiana, Petitioner