No. 22-5536

Mikal D. Mahdi v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2022-09-08
Status: Denied
Type: IFP
IFP
Tags: capital-mitigation ineffective-assistance-counsel ineffective-assistance-of-counsel investigation-into-mitigating-evidence mental-health-background mitigating-evidence post-conviction-review sixth-amendment traumatic-background trial-investigation
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Did the state post-conviction court misapply this Court's Sixth Amendment precedent when it held that Mikal Mahdi's trial attorneys reasonably ended their investigation into mitigating evidence

Question Presented (OCR Extract)

QUESTION PRESENTED Mikal Mahdi lived through extreme trauma as a child. His mother abandoned him at the age of five to the father who viciously beat her. Mikal was hospitalized with a mental health crisis at age nine. By the age of ten, his father began “homeschooling” Mikal in political paranoia, and taught him how to shoot and wield knives to protect himself from white people. Then, between the ages of fourteen and twenty-one, Mikal was incarcerated for 85% of his life, with minimal mental health care, where he was also tasered, shot with rubber bullets, and called “camel monkey” and “towelhead” by guards. The charged crimes followed just two months after his release from these brutal conditions. Despite having two retained investigators and a broad outline of their client’s upbringing, Mikal Mahdi’ trial counsel abandoned their inquiry into his background after determining that his family was uncooperative. Counsel made virtually no effort to identify available teachers and community witnesses who could describe Mikal’s harrowing life. As a result, the sentencing judge received a mere fifteen transcript pages of testimony about Mikal. The question presented is: 1. Did the state post-conviction court misapply this Court’s Sixth Amendment precedent when it held that Mikal Mahdi’s trial attorneys reasonably ended their investigation into mitigating evidence.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Reply of petitioner Mikal Mahdi filed.
2022-11-10
Brief of respondents Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. in opposition filed.
2022-09-28
Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2022.
2022-09-27
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2022)
2022-06-30
Application (22A2) granted by The Chief Justice extending the time to file until September 5, 2022.
2022-06-27
Application (22A2) to extend the time to file a petition for a writ of certiorari from July 7, 2022 to September 5, 2022, submitted to The Chief Justice.

Attorneys

Bryan Stirling and Lydell Chestnut
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent
Mikal Mahdi
E. Charles Grose Jr.Grose Law Firm, Petitioner
E. Charles Grose Jr.Grose Law Firm, Petitioner