Jerry Ray Davidson v. State of Tennessee

This post-conviction appeal addresses the extent of defense counsel’s duty to present mitigation evidence during the penalty phase of a capital murder trial. Defense counsel in a capital case possessed evidence that their client suffered from severe lifelong cognitive impairments and personality disorders and that he was predisposed to sexual violence. However, during the defendant’s trial, defense counsel presented the jury with no psychological mitigation evidence and only cursory social history mitigation evidence. A Dickson County jury convicted the defendant of premeditated first degree murder and imposed the death penalty. The juryalso convicted the defendant of aggravated kidnapping, for which the defendant received a twenty-year sentence. Following unsuccessful direct appeals, State v. Davidson, 121 S.W.3d 600 (Tenn. 2003), the defendant filed a petition for post-conviction relief in the Circuit Court for Dickson County. Following a hearing, the post-conviction court denied the petition, and the Court of Criminal Appeals affirmed the post-conviction court’s decision. Davidson v. State, No. M2010-02663-CCA-R3-PD, 2013 WL 485222 (Tenn. Crim. App. Feb. 7, 2013). We find that, under the circumstances of this case, defense counsels’ failure to develop and present psychological mitigation evidence deprived their client of his right to effective assistance of counsel. While we uphold the client’s convictions, we vacate his death sentence and remand for a new capital sentencing hearing.