Overstreet v. Wilson

Dist. Ct. did not err in denying defendant's habeas petition that challenged his death sentence on murder charge on grounds that his trial counsel was ineffective by: (1) failing to seek trial court order to have spectators remove buttons displaying sympathy for murder victim; (2) failing to meaningfully convey prosecutor's plea bargain that would have allowed defendant to serve life sentence without parole; and (3) failing to present second expert to more fully describe defendant's mental condition. At time of trial, defendant did not have constitutional right to have said buttons removed from spectators. Moreover, defendant failed to establish any prejudice to claim that trial counsel failed to meaningfully explain plea bargain offer where trial court indicated that she would not have accepted such plea since defendant had previously indicated that he could not admit to factual basis for said plea. Also, defendant failed to present any expert testimony to challenge rational tactical decision by trial counsel to present only one expert witness to explain defendant's mental condition or to support claim that jury would have been more favorably disposed to opinion of defendant's proposed second expert witness. (Dissent filed.)