No. 21-5753

James Allyson Lee v. Benjamin Ford, Warden

Lower Court: Eleventh Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing childhood-trauma habeas-corpus ineffective-assistance-of-counsel mitigation-evidence post-conviction-relief ptsd ptsd-evidence strickland-standard strickland-v-washington
Latest Conference: 2021-12-03
Question Presented (from Petition)

1. Where a capital sentencing jury hears only a brief, conclusory, second-hand allusion to childhood abuse and neglect, can detailed, graphic accounts of a capital defendant's horrifying upbringing, "filled with abuse and privation," and a new expert diagnosis of PTSD based on that evidence, reasonably be considered cumulative of the trial evidence and, if so, is the new evidence properly deemed inconsequential in assessing prejudice under Strickland v. Washington, 466 U.S. 668 (1984)?

2. Does 28 U.S.C. § 2254(d) allow federal courts to rubberstamp a state court's denial of relief without regard to the state court's unreasonable application of governing Supreme Court law and unreasonably wrong findings of fact?

Question Presented (AI Summary)

Whether new mitigating evidence of a capital defendant's horrific childhood abuse and PTSD diagnosis can be considered cumulative and inconsequential under Strickland

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-09
Reply of petitioner James Lee filed. (Distributed)
2021-10-22
Brief of respondent Benjamin Ford in opposition filed.
2021-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Benjamin Ford
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
James Lee
Marcia A. WidderGeorgia Resource Center, Petitioner