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Humphrey v. Walker

The habeas petitioner carried his heavy burden of showing that he was denied effective assistance of counsel with respect to the investigation and evaluation of his mental health and competence, and thus established sufficient cause and prejudice to overcome the procedural default of his claim that he was tried while he was incompetent.

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In 2002, Artemus Rick Walker was tried by jury and convicted of the murder of Lynwood Ray Gresham, as well as several related crimes. For the murder, he was sentenced to death, and for the other crimes, he was sentenced to terms of imprisonment. On direct appeal, this Court affirmed his convictions and sentences. See Walker v. State, 282 Ga. 774 653 SE2d 439 2007. Then, in 2009, Walker filed a petition for a writ of habeas corpus. Following an evidentiary hearing, the habeas court granted the writ. Although it found that some claims asserted by Walker were procedurally barred, not cognizable in habeas proceedings, or otherwise without merit, the habeas court concluded that several of his claims had merit. In particular, the habeas court concluded that Walker was denied due process by having been tried while incompetent, and it concluded as well that he was denied the effective assistance of counsel, not only with respect to his competence, but also with respect to the presentation of certain defenses and mitigating evidence involving his mental health. Based on these conclusions, the habeas court granted the writ and vacated both the convictions and sentences. In Case No. S13A1472, the Warden appeals from the grant of the writ, and in Case No. S13X1473, Walker cross-appeals. In light of the deference that we owe to the factual findings of the habeas court, we affirm the grant of the writ in the appeal by the Warden. By our affirming the grant of the writ, the cross-appeal is moot, and we dismiss it.

I. The Factual Circumstances of the Crimes

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