David Lee Robertsv.Commissioner, Alabama Department Of Corrections
David Lee Roberts, convicted of two Alabama capital murders, sought federal habeas relief from his convictions and death sentence. He argued that trial counsel was ineffective for entering an insanity plea without investigating or presenting supporting evidence, that the jury should have received a felony-murder instruction, and that Alabama improperly allowed a judge rather than a new jury to conduct resentencing after his original death sentence was reversed. The Eleventh Circuit affirmed the denial of relief on all three claims. The court held that Roberts could not show prejudice from counsel’s failure to investigate insanity: the available psychiatric evidence did not show a severe mental disease that prevented him from understanding right from wrong. It also held that the state court’s refusal to give a felony-murder instruction was not an unreasonable application of Beck because the jury received a noncapital murder option and Roberts’s own statement supported an intentional-killing finding. Finally, relying on Supreme Court precedent permitting judge-imposed capital sentences, the court rejected the challenge to judge-only resentencing. Judge Barkett questioned Alabama’s judicial-override system in concurrence, but Judge Hull noted that Roberts had not placed its constitutionality before the court. The judgment was affirmed.
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