Relief Denied to Capital Habeas Defendant

Wilson v. Trammell, -- F.3d --, 2013 WL 494160 (10th Cir. 2/11/13) (OK) - affirmance of denial of relief in OK death penalty case previously remanded for an evidentiary hearing on penalty phase IAC claims. The COA decides Wilson failed to establish prejudice from counsel's alleged deficiencies. He did not show that the outcome would have been different if counsel had presented mitigation evidence from family members re: defendant's ongoing exposure to gang violence or if counsel had better developed expert testimony re: mental health. There was no showing that additional mental health testing and interviews, better preparation of the mental health expert, or additional testimony from him would have undercut the prosecution's success at characterizing Wilson as a psychopath or helped the jury understand why he was involved in the murder.