Steven Victor Wertz, Appellant v. State of Arkansas, Appellee — Fulkerson, J., Concurring in Part and Dissenting in Part

Summary

The opinion agrees that counsel was not ineffective during the guilt phase but would conclude that counsel provided ineffective assistance during sentencing by failing to investigate and present substantial mitigating evidence. It reasons that the record did not establish a knowing and voluntary waiver of mitigation, and that the omitted evidence could have influenced at least one juror to choose life imprisonment. The opinion would require an on-the-record procedure to verify any capital defendant’s waiver of mitigation investigation or presentation.