Morva v. Zook

Petitioner appealed the district court's dismissal of his petition for a writ of habeas corpus, and challenges several aspects of his capital convictions and death sentence. The court rejected petitioner's claim that the Virginia circuit court’s refusal to appoint a prison-risk-assessment expert compels relief under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. 2254(d), because petitioner identified no clearly established federal law requiring the appointment of a nonpsychiatric expert. The court also rejected petitioner's ineffective assistance of counsel claims related to counsel's investigation and presentation of mitigating evidence where the court found neither deficient performance or prejudice under Strickland v.Washington. The court concluded that petitioner's underlying claim was insubstantial under Martinez v. Ryan and therefore he has not shown cause to excuse his procedurally defaulted claim that counsel was ineffective for stipulating at the guilt phase of trial that petitioner was a prisoner in lawful custody at the time of the alleged capital murder. Accordingly, the court affirmed the judgment. View "Morva v. Zook" on Justia Law