McNeill v. Branker

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the court on the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, on behalf of Elmer Ray McNeill, Jr. (“Ray,” “McNeill” or “Petitioner”). 1 Respondent answered and filed a motion for summary judgment, and Petitioner filed a response. An evi-dentiary hearing was held on September 29-30, 2008, and October 9, 2008, on petitioner’s claim that he received ineffective assistance of counsel in the investigation and presentation of mitigating evidence at sentencing. The parties submitted post-hearing briefs, and…