Legal Opinion · Dissent

Jeffrey D. Lundgren v. Betty Mitchell, Warden

Court of Appeals for the Sixth Circuit

Decided March 13, 2006No. 02-3001Published

1DissentMerritt, Circuit Judge

Lundgren testified that he killed a family of five cult members as a religious sacrifice. He did so, he said, because he received a command from God that this sacrifice was necessary to prepare for “Zion” and the “Second Coming.” I disagree with our Court’s decision and reasoning in section II.D.3. above rejecting Lundgren’s ineffective assistance of counsel claim based on trial counsel’s inexplicable failure to raise the defense of insanity. Other than insanity Lundgren had no defense. In many similar “deific decree” cases in which a “delusional” person like Lundgren professed to be…

2Cases cited42 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Ake v. OklahomaSupreme Court of the United States · 1985
  5. State v. ThomasOhio Supreme Court · 1982

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