Unformatted text preview: Law & Procedure, a petitioner has the burden of showing (1) that his counsel’s assistance fell below an objectively reasonable standard and (2) that he was prejudiced by his counsel’s ineffective assistance. ANALYSIS: Based off of McDonald’s military records in the span of three years from 1965 to 1968, there was no evidence of McDonald suffering any psychosis, neurosis, organic brain syndrome, or mental deficiency. Furthermore, McDonald never pled not guilty by reason of mental disease or defect and his counsel never present an argument that he had suffered from a mental disease or defect during his penalty trial. None of McDonald’s claims reached the level of a due process violation. CONCLUSION: The Missouri Court of Appeal found no error in the district’s court decision to deny McDonald’s petition for writ of habeas corpus....
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- Fall '14
- Law, Habeas corpus, Habeas corpus in the United States, Samuel Lee McDonald