Opinion · Supreme Court of the United States

Kemp, Warden v. Blake

Kemp, Warden v. Blake, 474 U.S. 998 (1985)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1985-11-18
Topic
general

How later courts describe this case

  • Cronic presumption appropriate where state failed to provide examining psychiatrist with defendant’s taped confession and letter written by defendant, both of which strongly supported insanity defense
  • attorney who fails to make preparation for penalty phase deprives client of reasonably effective assistance of counsel
  • psychiatric examination which failed to ascertain the mental status of the defendant at the time of the crime was insufficient under Ake
  • attorney did not prepare for the sentencing phase because he thought his client would be found not guilty of first degree murder by reason of insanity
  • "It should be beyond cavil that an attorney who fails altogether to make any preparations for the penalty phase of a capital murder trial deprives his client of reasonably effective assistance of counsel by any objective standard of reasonableness."
  • counsel failed to present any character witnesses at all

Citator

UpLaw has not yet analyzed Kemp, Warden v. Blake. The absence of a flag is not a finding that it is good law.

Cited by
87 opinions

C. A. 11th Cir. Certiorari denied.