Littlejohn v. Trammell

I agree with the majority on all issues except its conclusion Littlejohn’s counsel may have failed to meet Strickland requirements for ineffective assistance of counsel. In my view, counsel’s performance was neither deficient nor prejudicial. But more fundamentally, I disagree with the majority’s conclusion that counsel’s failure to develop additional neurological evidence'—even when a constitutionally adequate mental health mitigation defense was presented at trial—requires habeas relief. I therefore respectfully dissent.

To show ineffective assistance of counsel, Littlejohn “has the twofold…