Eric Lynn Ferrell v. Hilton Hall
2011 U.S. App. LEXIS 10556
| 11th Cir. | 2011Background
- Ferrell was sentenced to death in Georgia for two counts of malice murder; trial defense presented limited mitigation in the penalty phase.
- State habeas proceedings produced extensive new mental-health and family-history mitigation evidence.
- Georgia Supreme Court affirmed trial counsel’s effectiveness and denied claims of conflict of interest.
- Federal district court denied petition; on appeal, partial habeas relief was granted for penalty-phase ineffectiveness.
- Court reversed in part, holding trial counsel’s mitigation investigation unreasonable and prejudicial; affirmed denial of conflict-of-interest claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Penalty-phase performance deficient? | Ferrell | Ferrell | Yes; unreasonable investigation under Strickland. |
| Appellate counsel performance deficient? | Ferrell | Ferrell | Yes; deficient in developing mitigation evidence on appeal. |
| Conflict-of-interest claim viable? | Ferrell | Ferrell | No; court upheld absence of actual conflict. |
| Constructive absence due to seizure? | Ferrell | Ferrell | District court’s ruling preserved relief for trial-counsel ineffectiveness; conflict claim unaffected. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (established standard for ineffective assistance of counsel)
- Wiggins v. Smith, 539 U.S. 510 (U.S. 2003) (requirement of thorough investigation for mitigation)
- Holloway v. Arkansas, 435 U.S. 475 (U.S. 1978) (conflict-of-interest indirect prejudice principles)