No. 22-5416

James Montell Chappell v. Nevada

Lower Court: Nevada
Docketed: 2022-08-22
Status: Denied
Type: IFP
IFP
Tags: capital-case fetal-alcohol-spectrum-disorder ineffective-assistance-of-counsel organic-brain-damage prejudice prejudice-prong strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2022-10-28
Question Presented (AI Summary)

When trial counsel in a capital case presents anecdotal evidence of prenatal exposure to alcohol and evidence of learning disability but not expert testimony regarding Fetal Alcohol Spectrum Disorder (FASD) and its resulting organic brain damage, is the failure to investigate and present evidence of organic brain damage prejudicial under Strickland v. Washington, 466 U.S. 668 (1984)?

Question Presented (OCR Extract)

QUESTION PRESENTED (Capital Case) When trial counsel in a capital case presents anecdotal evidence of prenatal exposure to alcohol and evidence of learning disability but not expert testimony regarding Fetal Alcohol Spectrum Disorder (FASD) and its resulting organic brain damage, is the failure to investigate and present evidence of organic brain damage prejudicial under Strickland v. Washington, 466 U.S. 668 (1984)? i

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-20
Brief of respondent Nevada in opposition filed.
2022-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2022)
2022-06-14
Application (21A819) granted by Justice Kagan extending the time to file until August 20, 2022.
2022-06-10
Application (21A819) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 20, 2022, submitted to Justice Kagan.

Attorneys

James Chappell
Brad D. LevensonFederal Public Defender, District of Nevada, Petitioner
Brad D. LevensonFederal Public Defender, District of Nevada, Petitioner
The State of Nevada
Jonathan Eugene VanBoskerckDistrict Attorney Office, Clark County, Nevada, Respondent
Jonathan Eugene VanBoskerckDistrict Attorney Office, Clark County, Nevada, Respondent