Henley v. State

OPINION DROWOTA, Justice.

In this post conviction proceeding, the trial court denied relief on all grounds alleged, and specifically found that the petitioner, Steve Henley, had been afforded his constitutional right to effective assistance of counsel at the sentencing phase of his capital trial. The Court of Criminal Appeals found that the evidence preponderated against the trial court’s denial of relief with respect to the sentencing phase, and concluded that Henley had been denied his right to effective assistance of counsel because trial counsel had failed to adequately investigate and prepare witnesses to testify on Henley’s behalf and had failed to adequately investigate Henley’s mental condition and request that he undergo a mental evaluation. Accordingly, the Court of Criminal Appeals reversed Henley’s sentence of death and ordered a new sentencing hearing. Thereafter, we granted the State permission to appeal to determine whether the intermediate court erred in concluding that the evidence preponderates against the trial court’s finding that Henley was afforded his right to effective assistance of counsel at sentencing. After carefully reviewing the record, we have determined that the evidence supports the trial court’s finding. Accordingly the judgment of the Court of Criminal Appeals ordering a new sentencing hearing is reversed, and the trial court’s decision denying the petition for post conviction relief on all grounds alleged is reinstated.[1]

BACKGROUND In 1986, the petitioner was convicted of aggravated arson and two counts of first [*574] degree premeditated murder for the killings of Fred and Edna Stafford, an elderly couple who were close neighbors to Henley’s grandmother. According to the testimony of his co-defendant, Terry Flatt, the petitioner ordered both victims inside their home, shot them multiple times, and set their house on fire. The proof introduced at trial to establish the defendant’s guilt was summarized by this Court on direct appeal as follows: