The Fourth Circuit today unanimously reversed the grant of habeas relief to a North Carolina capital defendant, Timothy Richardson, by Judge Boyle of the Eastern District of North Carolina. Judge Keenan wrote the opinion for the court in Richardson v. Branker, in which Chief Judge Traxler and Judge Motz joined.
The decision, which relies heavily on the Supreme Court’s decision last Term in Harrington v. Richter, ___ U.S. ,___ 131 S. Ct. 770, 786-87 (2011), rests on the appellate court’s determination that the district court did not demonstrate adequate deference to the state court decision at issue. The opinion states that the “required deference to the MAR court’s adjudication of Richardson’s claim of ineffective assistance of appellate counsel was wholly lacking in the district court’s consideration of the habeas petition.”
Along with analysis of North Carolina law governing when it is necessary to submit to the jury the mitigating factor of the defendant’s age–the (f)(7) mitigation factor–the opinion also discusses Brady and Atkins claims.