Case Summaries: Fourth Circuit Court of Appeals (Jan. 2021)

This post summarizes published criminal and related decisions decided in January 2021 by the Fourth Circuit Court of Appeals which may be of interest to state practitioners (along with one from December that I missed before). Error to deny evidentiary hearing on IAC claim for failure to investigate and present mitigating evidence of brain damage; district court properly denied alleged Brady and Batson violations U.S. v. Runyon, 983 F.3d 716 (Dec. 23, 2020). The defendant was convicted of conspiracy to murder, carjacking resulting in death, and murder with the use of a firearm relating to a crime of violence in the Eastern District of Virginia. The charges stemmed from his involvement as the shooter in a murder-for-hire killing of a U.S. Naval officer. The defendant received a death sentence and the Fourth Circuit affirmed on direct appeal. He sought habeas relief, alleging ineffective assistance of counsel (“IAC”), Brady violations, and a Batson violation, among other claims. The district court dismissed the petition and the defendant appealed. The defendant claimed his trial attorneys were ineffective for failing to investigate and present evidence of his brain injury in mitigation at the penalty phase of the trial. Trial counsel was aware that the defendant had received head injuries from two car wrecks and a grenade explosion. A defense neuropsychologist examined the defendant and found some indications of brain damage. He recommended further medical investigation. A defense neuropsychiatrist also examined the defendant and ordered scans of his brain. A radiologist found the scans normal, but [...]