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Raheem Wilcox v. Steven Johnson, Administrator, New Jersey State Prison, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 16-1024 · judgment January 8, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a petition filed soon after the judgment below.
Question presented
Defendants have a Sixth-Amendment right to the effective assistance of counsel at the sentencing phase of a criminal proceeding. In capital cases, effective assistance means that counsel should investigate and submit evidence of the defendant’s background and mental health history to mitigate against a death sentence. The Court has not decided whether the Sixth Amendment requires that counsel present such evidence during the sentencing phase in noncapital cases in which judges or juries also reduce penalties if mitigating factors (including a defendant’s mental health and related background information) outweigh aggravating factors. In this case, the Third Circuit concluded that counsel engaged in a reasonable strategy at sentencing to withhold known and available psychiatric reports and related expert testimony regarding the petitioner’s mental health history and troubled background that would have satisfied a mitigating factor under state sentencing guidelines to support a lesser sentence than the 40-year sentence the petitioner received for his murder conviction. The court reasoned that the mitigating evidence also contained some potentially unfavorable information and would possibly open the door to the state’s rebuttal evidence regarding the defendant’s mental health history. The question presented is therefore as follows: At sentencing in a non-capital case, does the Sixth Amendment require that counsel present evidence of a defendant’s troubled background and mental health issues to satisfy a mitigating factor that would support a lesser sentence than the one the defendant received?
Counsel of record
For petitioner
George A. Bibikos
Cozen O'Connor
For respondent
Milton Samuel Leibowitz
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 21, 2018 · Certiorari denied
Proceedings
- May 21 2018Petition DENIED.
- May 01 2018DISTRIBUTED for Conference of 5/17/2018.
- Apr 12 2018Waiver of right of respondents Steven Johnson, Administrator, New Jersey State Prison, et al. to respond filed.
- Apr 04 2018Petition for a writ of certiorari filed. (Response due May 7, 2018)