No. 25-5004

Delano Hale v. Bill Cool, Warden

Lower Court: Sixth Circuit
Docketed: 2025-07-01
Status: Denied
Type: IFP
IFP
Tags: capital-murder criminal-defense forensic-evidence ineffective-assistance strategic-decision strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: 2025-10-10
Question Presented (AI Summary)

In a capital murder case, does defense counsel perform deficiently when they choose not to consult forensic experts without investigation, despite experts existing that could validate the defendant's account?

Question Presented (OCR Extract)

This Court has made clear that competent criminal defense counsel are free to make strategic decisions to end lines of inquiry as part of reasonable trial preparation. But the Court has also emphasized that “strategic choices made after less than complete investigation are reasonable” only “to the extent that reasonable professional judgments support the limitations on investigation.” Strickland v. Washington , 466 U.S. 668, 690–91 (1984) . The question presented is: In a capital murder case focused on the circumstances of the decedent’s death, where forensic evidence is known to comprise the State’s main evidence, and where counsel’s avowed strategy is to endorse the defendant’s post -arrest description of events, does defense counsel perform deficiently when they “chose” not to consult with or utilize any forensic experts, even where forensic experts exist that would validate the defendant’s account , when such a choice was premised on no investigation at all?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-19
Reply of Delano Hale submitted.
2025-09-19
Reply of petitioner Delano Hale filed. (Distributed)
2025-09-18
DISTRIBUTED for Conference of 10/10/2025.
2025-08-29
Brief of Bill Cool in opposition submitted.
2025-08-29
Brief of respondent Bill Cool in opposition filed.
2025-07-22
Motion to extend the time to file a response is granted and the time is extended to and including September 2, 2025. See Rule 30.1.
2025-07-21
Motion of Bill Cool for an extension of time submitted.
2025-07-21
Motion to extend the time to file a response from July 31, 2025 to September 1, 2025, submitted to The Clerk.
2025-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2025)
2025-04-21
Application (24A1013) granted by Justice Kavanaugh extending the time to file until June 29, 2025.
2025-04-16
Application (24A1013) to extend the time to file a petition for a writ of certiorari from April 30, 2025 to June 29, 2025, submitted to Justice Kavanaugh.

Attorneys

Bill Cool
Mathura Jaya SridharanOhio Attorney General's Office, Respondent
Mathura Jaya SridharanOhio Attorney General's Office, Respondent
Thomas Elliot GaiserOffice of the Ohio Attorney General, Respondent
Delano Hale
Lisa Marie LagosOffice of the Federal Public Defender, S.D. Ohio, Petitioner
Lisa Marie LagosOffice of the Federal Public Defender, S.D. Ohio, Petitioner