Mertz v. Williams

Dist. Ct. did not err in denying defendant’s habeas petition challenging his life sentence without possibility of parole that was imposed in his felony murder conviction, even though defendant alleged that his trial counsel was ineffective for failing to rebut evidence during sentencing phase of case that defendant had committed uncharged murder and arson. Defendant was unable to establish any prejudice arising out of his counsel performance where: (1) counsel introduced extensive mitigation evidence regarding defendant’s troubled childhood and his struggle with alcoholism; (2) defendant’s suggested mitigation evidence was cumulative to what counsel had already introduced; and (3) defendant would not have received lighter sentence even if counsel had presented rebuttal evidence given gruesome details of instant murder that occurred in course of defendant’s commission of home invasion and aggravated sexual assault.