Ward v. Neal

Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction/death penalty on grounds that his trial counsel was ineffective for portraying him as incurable psychopath during sentencing phase of his trial. Defendant failed to establish any prejudice arising out of his counsel’s actions, where record showed that jury would not have recommended any lighter sentence in view of fact that: (1) defendant raped, tortured and murdered adolescent girl in brutal fashion; and (2) defendant showed no remorse for his actions. Ct. further noted that defendant did not raise argument that he was mentally disabled at time of offense, or that death penalty was inappropriate sentence because of his insanity.