Steven Livaditis v. Ron Davis, Warden
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
(1) Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petitioner's mental illness and (ii) the mental impairments and abusive conduct of Petitioner's mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)?
(2) Would it be unreasonable for a state court to conclude that, in light of the mother was also mentally ill and abusive?
Was the state court's summary denial of Petitioner's claims, alleging defense counsel's failure to present any penalty phase evidence of (i) Petitioner's mental illness and (ii) the mental impairments and abusive conduct of Petitioner's mother, contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court, or an unreasonable determination of the facts, within the meaning of 28 U.S.C. § 2254(d)?