Zagorski v. State

OPINION

BARKER, J.

We granted this post-conviction appeal to determine whether there is ineffective assistance of counsel where, at the express instruction of a competent and fully informed defendant, defense counsel does not investigate or present mitigating evidence at the sentencing phase of a capital trial. For the reasons provided herein, we hold that there is not.

BACKGROUND

The petitioner, Edmund Zagorski, was convicted in 1984 of the first degree premeditated murders of John Dale Dotson and Jimmy Porter. The evidence at trial was that petitioner lured the two men into a wooded area in…