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

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