William Clyde Gibson, III v. Indiana
DueProcess HabeasCorpus Punishment CriminalProcedure
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
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