No. 25-6947

Jeffrey A. Weisheit v. Ron Neal, Warden

Lower Court: Seventh Circuit
Docketed: 2026-03-03
Status: Pending
Type: IFP
IFP
Tags: capital-sentencing cumulative-prejudice habeas-corpus ineffective-assistance-of-counsel mitigating-evidence penalty-phase
Latest Conference: N/A
Question Presented (from Petition)

1. Must federal habeas courts reweigh the "totality of available mitigating evidence," Wiggins v. Smith, 539 U.S. 510, 534 (2003), when deciding penalty phase prejudice claims pursuant to enumerated grounds for deficient performance?

2. In such ineffectiveness claims, is "cumulative prejudice" a distinct claim for purposes of 28 U.S.C. § 2254 exhaustion purposes or Wiggins reweighing?

3. Under Indiana's juror deadlock provision, Ind. Code § 35–50–2–9(f), does a reasonable likelihood under evidentiary reweighing that at least one juror would strike a different balance and vote against a death sentence amount to a "different outcome" under Wiggins?

Question Presented (AI Summary)

Whether federal habeas courts must reweigh the totality of available mitigating evidence when deciding penalty phase ineffective assistance of counsel claims, and whether cumulative prejudice constitutes a distinct claim for exhaustion and prejudice analysis purposes

Docket Entries

2026-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2026)
2025-12-10
Application (25A684) granted by Justice Barrett extending the time to file until February 26, 2026.
2025-12-05
Application (25A684) to extend the time to file a petition for a writ of certiorari from December 28, 2025 to February 26, 2026, submitted to Justice Barrett.

Attorneys

Jeffrey Weisheit
Joseph John PerkovichPhillips Black, Inc., Petitioner