Eleventh Circuit Court of Appeals - Published Opinions

Friday, August 26, 2016

Tharp: No ineffective assistance of counsel

In Tharpe v. Warden, No. 14-12464 (Aug. 25, 2016), the Court denied habeas relief to a Georgia inmate sentenced to death for a 1990 murder. The Court rejected Tharpe’s ineffective assistance claim, finding that a fairminded jurist could easily have concluded that counsel’s investigation was reasonable assistance. The Court found that Tharpe had failed to identify any “red flags” that would have required further investigation of his background. The Court also rejected Tharpe’s claim that he suffered from cognitive impairments that made him ineligible for the death penalty. He was able to graduate high school, and engage in routing commercial transactions.