Glass v. Vaughn

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Respondents appeal from the order of the district court granting a writ of habeas corpus to the petitioner, Commer Glass, who is currently serving a life sentence for first-degree murder. The district court held that Glass’ trial counsel was ineffective because he failed to investigate petitioner’s military experiences and subsequent history of bizarre behavior, which the court concluded would have led counsel to put on a diminished capacity defense. We do not reach that issue. Instead, because petitioner’s current habeas claim was procedurally…