Corey Schirod Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its "prejudice inquiry", the unrebutted, noncumulative postconviction lay evidence of Mr. Smith's severe, lifelong physical and emotional abuse, learned violent behavior by men against women and significant drug abuse since childhood, thereby analyzing the prejudice suffered by Mr. Smith in conflict with established precedent from this Court.
Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its 'prejudice inquiry' the unrebutted, noncumulative postconviction lay evidence of Mr. Smith's severe, lifelong physical and emotional abuse, learned violent behavior by men against women and significant drug abuse since childhood, thereby analyzing the prejudice suffered by Mr. Smith in conflict with established precedent from this Court