Phillip L. Jones v. Tim Shoop, Warden

Where a state court finds there is no prejudice under Strickland v. Washington, 466 U.S. 668 (1984) from defense counsel’s failure to present allegedly cumulative evidence of a capital defendant’s mental illness, is that state court adjudication factually unreasonable under 28 U.S.C. §2254(d)(2) where the trial evidence depicted the petitioner as a malingerer of mental illness, and the omitted evidence demonstrated the petitioner had suffered from a genuine and severe mental illness?

Under de novo review, is defense counsel’s performance deficient under Strickland v. Washington, 466 U.S. 668 (1984) where counsel fails to present mitigation evidence of a capital defendant’s severe mental illness that was readily available to counsel in the defendant’s prison records, and counsel was put on notice that those prison records were material to the defendant’s mitigation case?