United States Ex Rel. Rivera v. Franzen

FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

In this action, filed pursuant to 28 U.S.C. § 2254, petitioner Gilbert Rivera (“Rivera”) challenges his 1974 murder conviction. Rivera bases his challenge upon his trial counsel’s failure to investigate a potential insanity defense and present this defense at trial and the subsequent sentencing hearing. On May 25, 1984, this Court held an evidentiary hearing on the issue of whether Rivera’s trial counsel had notice of his prior psychiatric history, yet failed to investigate a potential insanity…