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Cummings: No Ineffective Assistance Where Defendant Wanted No Mitigation Presented

By Tim Cone

In Cummings v. Sec. Dep?t of Corrections, No. 09-12416 (Dec. 4, 2009), the Court reversed a grant of federal habeas corpus to a Florida inmate sentenced to death for the 1991 murder of his girlfriend. The Court concluded that counsel was not ineffective for investigate and present more mitigation evidence at the sentencing phase.The Court pointed out that the defendant ?clearly, consistently, and adamantly insisted tht he wanted no mitigation evidence presented in the penalty phase.? Counsel did not ?blindly follow? the client?s wishes, but moved for a competency evaluation. Counsel investigated the defendant?s prison records. In addition, to maintain the trust that existed between the client and him, counsel ultimately decided to abide by the client?s instructions regarding the mitigating evidence, specifically his wish that he did not want his family testifying...continue to full post

Full post as published by Defense Newsletter Blog on December 07, 2009 (boomark / email).