James Mathis v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

I disagree with the majority’s decision to remand this case. In my view, a remand is unnecessary because: (1) the district court clearly had the authority to consider additional evidence that was not presented to the state court; and (2) the record clearly indicates that the district court did not improperly circumvent the presumption of correctness accorded state court factual findings under 28 U.S.C. § 2254(d). The panel should reach the merits of Mathis’ claim that his trial counsel rendered ineffective assistance during the sentencing phase of the trial. Accordingly, I dissent.

I.…