Gideon v. Wainwright, 372 U.S. 335, 342, 83 S.Ct. For example, Schiavone commented on what he told the character witnesses in preparing them to testify: "I mean I assume I wanted background information about Jack and about his family and things of that nature ... my recollection is that even though it was a re-sentencing hearing the main thrust of our approach was that—was to prove Jack's innocence, that they shouldn't put an innocent man to death." The petitioner, Jack E. Alderman, is a Georgia prisoner on death row, having been convicted of the 1974 murder of his wife, Barbara J. Alderman, in the Superior Court of Chatham County, Georgia. “That whole boy banter thing, I’m really not very good with that.”. might have been a reasonable one. He reasoned that "if they saw him there they would jump to the conclusion that he was responsible and they would hurt him physically," as "they had threatened to do . Jackson occupied the first chair, and Schiavone was the second chair at Alderman's RST. Petitioner began a third round of habeas action in the Superior Court of Butts County on December 22, 1994, challenging his new death sentence on two grounds: ineffective assistance of counsel during the re-sentencing trial and ineffective assistance of counsel during the appeal from the re-sentencing trial. In the first version, Alderman forced Brown to kill her by threatening him with a knife. Both were considerably upset, so he left their apartment for a while. A Catholic chaplain, Father Richard Paul Wise, who had considerable interaction with Alderman in the prison setting, echoed the pastor's sentiments, adding that Alderman was one of the most honest people he had ever met in prison work. When assessing whether counsel fulfilled their obligations under Strickland, the Supreme Court has "focus[ed] on whether the investigation supporting counsel's decision not to introduce mitigating evidence of [petitioner's] background was itself reasonable." But I’m very open, which is why what happened at the Invictus Games hurt.”. § 17-10-30(b)(4) (1984). Ct. of Butts County Dec. 29, 1999). Alderman's habeas attorneys examined six witnesses: Father Richard Paul Wise, Catherine Thompson, Martha Murphy Davis, Jack Boyd Deal, George Terry Jackson, and Michael Schiavone. Assuming, for the sake of argument, that counsel's performance failed to meet Strickland's first prong, we readily conclude on the record before us that "counsel's errors were [not] so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." At Alderman's direction, Brown reached in the driver's window and released the emergency brake allowing the car to roll into the creek. In other words, the petitioner must show both 1) deficient performance of counsel and 2) prejudicial impact stemming from counsel's deficient performance. The two men then took Mrs. Alderman to the bathroom tub and filled it with water. Alderman's pastor, Rev. 763, 31 L.Ed.2d 104 (1972), by withholding evidence that it had promised John Brown leniency in exchange for his testimony against Alderman. at 1240. Needless to say, the procedural history of this case is extensive and complex. Ct. of Butts County Dec. 29, 1999).27. “I was rubbish – I was lucky I even got involved,” says Terry, who laughingly admits he once conceded a free kick by larking around doing the moonwalk on the pitch. Ct. of Butts County Dec. 29, 1999) (citing Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. Ct. of Butts County May 21, 1999).26 Upon further inquiry, Schiavone speculated that they "were thinking that [the character evidence] was the extent that we could go into at the time."

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