A shocker out of Tennessee
The Tennessee Court of Criminal Appeals has granted relief in Timothy Terell McKinney v. State, 2010 Tenn. Crim. App. LEXIS 219 (Tenn Crim App 3/9/2010). In addressing the propriety of penalty phase relief the Court holds that failure to present residual doubt evidence (at least on these facts) amounts to ineffective assistance of counsel. Law geeks can argue whether this is merely obiter dicta or something much large as the Court also granted guilt phase relief on counsel’s likewise dismal performance in that phase of the trial.
Our inner demons are too busy debating whether this is or is not dicta to get the weekly out on time this week (again).
