In Lynd v. Terry, No. 06-11374 (Nov. 28, 2006), the Court denied habeas relief to a Georgia inmate sentenced to death for a 1988 murder.
The Court rejected the claim that Lynd was deprived of his right to the assistance of competent experts in violation of Ake v. Oklahoma, 470 U.S. 68 (1985). The Court found that much of Lynd’s claim was procedurally barred because he failed to raise it earlier, in state proceedings. Further, the Court held that the Georgia state courts did not deviate from federal precedent when they held that Lynd was not entitled to call a mental health expert to testify on his behalf when he refused to submit to an examination by an expert hired by the State of Georgia.
The Court also rejected the argument that counsel was ineffective in advising Lynd to refuse to submit to a state mental health examination, finding that it was Lynd himself who so decided. The Court also found that counsel adequately investigated Lynd’s background and mental health.
The Court further rejected the claim that counsel failed to investigate whether the victim would have not have regained consciousness after being shot in the head twice and placed in the trunk of a car, thereby obviating a kidnapping conviction. The Court found that this argument was developed and presented to the jury.
Finally, the Court rejected the argument that counsel’s representation, years earlier, of the victim’s mother’s ex-husband in a bankruptcy proceeding created a conflict-of-interest.
