Lewis v. Zatecky

Dist. Ct. erred in denying defendant's habeas petition, challenging his 130-year sentence on two counts of felony murder on grounds that his trial counsel was ineffective at sentencing phase of case by deferring to defendant to provide evidence and to make any arguments he might have in mitigation, under circumstances where counsel made no investigation of defendant's background or mental health history. State Appellate Court agreed that performance by defendant's counsel at sentencing hearing was deficient. However, it denied defendant's petition for post-conviction relief, after finding that defendant had failed to establish under Strickland any prejudice arising out of counsel's representation. Ct. of Appeals similarly held that defendant would not be entitled to relief if Strickland applied. However, Ct. of Appeals found that under Cronic, 466 U.S. 648, defendant was not required to establish prejudice with respect to his ineffective assistance of counsel claim, where, as here: (1) sentencing phase of case was critical stage of prosecution for purposes of Sixth Amendment; and (2) defendant's counsel had totally abandoned defendant at critical stage of prosecution by leaving him entirely without assistance of counsel at sentencing stage of felony murder trial. (Dissent filed.)