Michael Apelt v. Charles L. Ryan, Director, Arizona Department of Corrections
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny.
Whether a state court decision is based on an unreasonable determination of the facts under 28 U.S.C. § 2254(d)(2) when the court denies an evidentiary hearing, despite that the petition presents, for the first time, evidence of petitioner's traumatic upbringing, including physical and sexual abuse; placement in special education; and a history of mental illness.
Whether it is an unreasonable application of this Court's death-penalty jurisprudence to conclude that, notwithstanding a capital defendant's severe mental impairments, he may be sentenced to death because his crime was not impulsive.
When determining if a capital defendant was prejudiced by counsel's deficient performance during state sentencing, whether the federal court may bypass the fact-specific reweighing mandated by Strickland and its progeny