Murdered by the state of Ohio: July 18, 2018
Robert Van Hook
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.
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 94-00269—George C. Smith, District Judge.
Argued: December 6, 2005
Decided and Filed: March 6, 2009
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