Powell v. Kelly

CAPITAL POST CONVICTION PROCEEDING

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this capital habeas proceeding is petitioner 1 Paul Powell’s motion for appointment of a “mitigation specialist” prior to filing his § 2254 petition. Such an expert, petitioner contends, would assist habeas counsel in developing the forthcoming petition’s claim that trial counsel was unconstitutionally ineffective at sentencing by failing to investigate and adduce mitigating evidence about petitioner’s back ground. For the reasons that follow, the motion must be denied.

I

The procedural history of this case…