Visciotti v. Martel

Petitioner, convicted of, inter alia, first-degree murder and sentenced to death, brought a federal habeas petition, alleging ineffective assistance of counsel (IAC) during the guilt and penalty phases of his trial. The district court granted his habeas petition as to the penalty phase and denied it as to his conviction. The court affirmed. The Supreme Court reversed under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2254. Following remand and further proceedings, the district court denied petitioner's remaining claims. Petitioner presents two IAC claims in this appeal. The court concluded that, whether or not these claims have merit, they are foreclosed by the Supreme Court’s decision in Visciotti IV, so the court may not grant habeas relief. Petitioner also contends that the trial judge’s closure of the courtroom for six-and-a-half days during the death qualification portion of voir dire violated this Sixth Amendment right. The court could not conclude that counsel’s failure to object to the closure of the death qualification voir dire constituted deficient performance. Therefore, petitioner failed to demonstrate cause to excuse his default of the public trial claim. Accordingly, the court affirmed the judgment. View "Visciotti v. Martel" on Justia Law