Ward v. Neal, 2016 U.S. App. LEXIS 15796

Roy L. Ward murdered 15-year-old Stacy Payne in 2001 in an extraordinarily violent assault; he was arrested at the scene and displayed little remorse.
Ward was first tried in Spencer County, convicted, and sentenced to death; the Indiana Supreme Court reversed for a change-of-venue error (Ward I).
At a second trial, Ward pleaded guilty to murder and Class A felony rape, reserved sentencing to a jury, and the jury recommended death; the trial court imposed death (Ward II).
Defense counsel for the second trial had limited mitigation investigation: an overextended lead attorney, a failing mitigation consultant, incomplete witness development, and mental-health experts who characterized Ward as a "psychopath."
Ward pursued post-conviction relief (Ward III) and a federal habeas petition under 28 U.S.C. § 2254, arguing ineffective assistance under Strickland because counsel presented him as an incurable psychopath rather than emphasizing mitigating evidence.
The district court denied the § 2254 petition; the appellate court affirms, holding the Indiana Supreme Court reasonably concluded Ward could not show Strickland prejudice under AEDPA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel were ineffective for failing to investigate and present additional mitigating evidence and instead emphasizing that Ward was a "psychopath"	Ward: Counsel performed deficiently by not developing available mitigation and by allowing experts to label him a psychopath, which prejudiced the penalty outcome	State: Any deficiencies did not create a reasonable probability of a different result given the overwhelming aggravation and evidence presented	Held: No relief. The Indiana Supreme Court reasonably found no Strickland prejudice; federal habeas relief denied under AEDPA

Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective-assistance test: deficient performance and prejudice)
Harrington v. Richter, 562 U.S. 86 (AEDPA deference requires state-court rulings not be "unreasonable" applications of federal law)
Williams v. Taylor, 529 U.S. 362 (distinguishes unreasonable application from incorrect application under AEDPA)
Atkins v. Virginia, 536 U.S. 304 (mental retardation bars execution)
Ford v. Wainwright, 477 U.S. 399 (Eighth Amendment prohibits execution of the insane)
Ward v. State (Ward I), 810 N.E.2d 1042 (Ind. 2004) (reversed first conviction for denied change of venue)
Ward v. State (Ward II), 903 N.E.2d 946 (Ind. 2009) (affirmed conviction and death sentence after second trial)
Ward v. State (Ward III), 969 N.E.2d 46 (Ind. 2012) (denied post-conviction relief; found no Strickland prejudice)