on petition for writ of certiorari to the court of criminal appeals of texas. Exh. [7] Given the uncertainty as to whether the Texas Court of Criminal Appeals adequately conducted that weighty and record-intensive analysis in the first instance, we remand for the Court of Criminal Appeals to address Strickland prejudice in light of the correct legal principles articulated above. Apart from some brief pretrial discussion with Dr. Roache, who averred that he was “struck by the extent to which [counsel] appeared unfamiliar” with pertinent issues, counsel did not prepare the witnesses or go over their testimony before calling them to the stand. FAILURE TO INVESTIGATE OR PRESENT EVIDENCE: A) Fourth Circuit: Briley v. Bassn applied the prejudice prong of the Strickland test to Pet. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting.

Wiggins, 539 U. S., at 528 (emphasis deleted). The testimony elicited from Andrus’ mother best illustrates this deficiency. The Court gives two reasons for doubting that the CCA reached the issue of prejudice, but both are patent makeweights. Exh.

After considering all the evidence at the hearing, the Texas trial court concluded that Andrus’ counsel had been ineffective for “failing to investigate and present mitigating evidence regarding [Andrus’] abusive and neglectful childhood.” App. In its 3-day case in aggravation, the State put forth evidence that Andrus had displayed aggressive and hostile behavior while confined in a juvenile detention center; that Andrus had tattoos indicating gang affiliations; and that Andrus had hit, kicked, and thrown excrement at prison officials while awaiting trial. [25], Ineffectiveness claims can be brought by defendants who pled guilty to a plea deal and did so following the bad advice of counsel. 49 id., at 52, 71. Third, counsel failed adequately to investigate the State’s aggravating evidence, thereby forgoing critical opportunities to rebut the case in aggravation. Proc. At age 16, Andrus was sentenced to a juvenile detention center run by the Texas Youth Commission (TYC), for allegedly “serv[ing] as the ‘lookout’ ” while he and his friends robbed a woman of her purse. Attorneys may be conflicted when they are simultaneously representing multiple people with potentially adverse interests, previously represented clients who shared confidential information that may now be relevant to the current client’s interests, have a personal or financial interest adverse to the client, or are part of a firm or organization that may have interests adverse to a client. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.

8 Habeas Tr. 13 id., Def. No doubt due to counsel’s failure to investigate the case in mitigation, much of the so-called mitigating evidence he offered unwittingly aided the State’s case in aggravation.

On top of that, counsel “ignored pertinent avenues for investigation of which he should have been aware,” and indeed was aware. According to the Court, that sentence “does not conclusively reveal whether [the CCA] determined . Here, plainly not. Code Crim. 7–8 (emphasis added).

looking directly up and out.” 8 Habeas Tr. Ann., Art. Andrus’ mother testified that Andrus had an “excellent” relationship with his siblings and grandparents. AP–76,936, p. 5 (CCA, Mar. Its one-sentence denial of Andrus’ Strickland claim, see supra, at 7, does not conclusively reveal whether it determined that Andrus had failed to demonstrate deficient performance under Strickland’s first prong, that Andrus had failed to demonstrate prejudice under Strickland’s second prong, or that Andrus had failed to satisfy both prongs of Strickland. Wainwright. The Texas Court of Criminal Appeals rejected the trial court’s recommendation to grant habeas relief. 23, 2016) (Reh’g Op. Code Crim. 101. 228 0 obj <>/Filter/FlateDecode/ID[<18962DBB96E42489AC867EBE2AD32B02><735E964C138C844BB2E6B35078122256>]/Index[208 38]/Info 207 0 R/Length 89/Prev 212581/Root 209 0 R/Size 246/Type/XRef/W[1 2 1]>>stream When she did spend time around her children, she often was high and brought with her a revolving door of drug-addicted, sometimes physically violent, boyfriends.

. Exh.

TYC records on Andrus noted multiple instances of self-harm and threats of suicide. On federal habeas review, such claims have to survive two levels of deference: first deference to the attorney’s conduct, and then second a federal court’s deference to the state court’s first habeas review.

4, p. 4 (“[R]ecords indicate[d that] Andrus served as the lookout”); 3 id., at 273–274; 5 id., at 206. Code Crim. He also explained that he first started using drugs regularly around the time he was 15. To that end, the State emphasized that Andrus had acted aggressively in TYC facilities and in prison while awaiting trial. The untapped body of mitigating evidence was, as the habeas hearing revealed, simply vast. Second, the Court observes that the concurring opinion, which discussed the question of prejudice at some length, was joined by only four of the CCA’s nine judges. Over and over during the habeas hearing, counsel acknowledged that he did not look into or present the myriad tragic circumstances that marked Andrus’ life.

[16] In Hinton v. Alabama, the Supreme Court held a lawyer’s performance ineffective when he did not request funding for a better ballistics expert, though he was statutorily entitled to do so. Proc. for Cert. See App. After killing Avelino Diaz, Andrus approached a car with two occupants, whom Andrus described as an “old man and old wom[a]n.” Id., at 2. During 18 months in juvenile detention, he was exposed to gangs, drugs, and extended solitary confinement, resulting in suicidal urges. During the punishment phase, the prosecution presented evidence of Andrus' aggressive behavior in juvenile detention; that Andrus had gang tattoos; that Andrus had hit, kicked, and thrown excrement at prison officials while awaiting trial; and that Andrus was involved in an aggravated robbery. We conclude that the record makes clear that Andrus has demonstrated counsel’s deficient performance under Strickland, but that the Court of Criminal Appeals may have failed properly to engage with the follow-on question whether Andrus has shown that counsel’s deficient performance prejudiced him. [2] Shortly after his release, he again violated his supervisory conditions and was returned to the adult facility. Since most of these cases were rejected on appeal, it is difficult to determine whether some Ann., Art. We conclude that Andrus has shown deficient performance under the first prong of Strickland, and that there is a significant question whether the Court of Criminal Appeals properly considered prejudice under the second prong of Strickland. By the time Andrus was 12, his mother regularly spent entire weekends, at times weeks, away from her five children to binge on drugs. Are we now a court of “first view” and not, as we have often stressed, a “court of review”? B. [2] Or, with sufficient understanding of the violent environments Andrus inhabited his entire life, counsel could have provided a counternarrative of Andrus’ later episodes in prison. 558 U.S. 30, 39 (2009) (per curiam) (quoting Williams v. Taylor, Although Andrus stressed to counsel his innocence of the offense, and although the State had not proceeded with charges, Andrus’ counsel did not attempt to exclude or rebut the State’s evidence. But instead, counsel left all of that aggravating evidence untouched at trial—even going so far as to inform the jury that the evidence made it “probabl[e]” that Andrus was “a violent kind of guy.” 52 Tr. See, e.g., Sears v. Upton, He further admitted that he “[did not] know if [Andrus’ mother] was telling the truth,” id., at 96, and could not even say that he had known what Andrus’ mother would say on the stand, because he had not “done any independent investigation” of her, id., at 95.

App. At his capital murder trial, Andrus’ defense counsel declined to present an opening statement or evidence. . was that he had been the victim of an assault by a black man.” 3 Habeas Tr. That, too, is because Andrus’ counsel concededly had not independently investigated the incident. Contrary to his mother’s depiction of his upbringing, he stated that his mother had started selling drugs when he was around six years old, and that he and his siblings were often home alone when they were growing up. See, McMann v. Richardson, 397 U.S. 759, 771 n. 14 (1970). Although there are a large number and variety of IAC claims, the following categories are the areas in which most claims arise. First, the Court notes that the CCA’s per curiam opinion, unlike the concurring opinion, did not provide reasons for finding that prejudice had not been shown. Martins testified that Andrus “started having remorse” in the past two months and was “making progress.” Id., at 35. The Texas Court of Criminal Appeals disagreed. We grant the petition, vacate the judgment of the Texas Court of Criminal Appeals, and remand for further proceedings not inconsistent with this opinion. Andrus petitioned for a writ of certiorari.

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