Van Hook - That's Not Really What We Meant

Today, the Circuit panel issued a modification of its opinion in Van Hook v. Anderson, 03-4207. Originally, the court found that Van Hook's counsel was ineffective for three reasons: 1) failure to fully investigate and present mitigating evidence; 2) failure to obtain a mental health expert to testify that Van Hooks actions were the result of mental illness; and 3) introducing and then failing to object to a PSI containing victim impact statements asking that he be sentenced to death. The panel (Merritt, Martin, Moore) amended its opinion "at the request of the majority of the en banc court and in order to avoid the need for an en banc hearing." The sole basis for the IAC finding in the new opinion was counsel's failure to investigate and present relevant evidence at mitigation.