Anderson v. Hobbs
Filing
79
ORDER: A five-day evidentiary hearing is scheduled in February on Anderson's allegations of mental illness, brain damage, and childhood trauma. The Court denied the remainder of Anderson's hearing request, 31 & 43 . The Court has reconsi dered Anderson's procedurally defaulted ineffectiveness claims arising from the alleged neurobiological limitations of young people. Anderson pleads that his trial lawyers' work was deficient for not adequately developing his youth-related allegations. Anderson may therefore present evidence on them at the hearing. Signed by Judge D. P. Marshall Jr. on 11/18/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PETITIONER
JUSTIN ANDERSON
v.
No. 5:12-cv-279-DPM
WENDY KELLEY, Director,
Arkansas Department of Correction
RESPONDENT
ORDER
1.
A five-day evidentiary hearing is scheduled in February on
Anderson's allegations of mental illness, brain damage, and childhood
trauma. The Court denied the remainder of Anderson's hearing request. Ng
31 &43.
2.
The Court has reconsidered on Anderson's procedurally
defaulted ineffectiveness claims arising from the alleged neurobiological
limitations of young people. Anderson pleads that his trial lawyers' work
was deficient for not adequately developing his youth-related allegations.
These claims are potentially meritorious, particularly when combined with
Anderson's allegations of mental illness, brain damage, and childhood
trauma. Anderson may therefore present evidence on them at the hearing.
Sasser v. Hobbs, 735 F.3d 833, 851 (8th Cir. 2013); Dansby v. Hobbs, 766 F.3d 809,
834 (8th Cir. 2014).
So Ordered.
D.P. Marshall Jr.
United States District Judge
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?