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Thomas Gorman Contributions

 

State v. Sharp, 193. Ariz. 414  (1999)

 

In STATE v. SHARP, 193 Ariz. 414 (1999) the Arizona Supreme Court affirmed Sharp's sentence of death noting that " his uncorroborated self-reported history of abuse was insufficient proof of mitigation."  Thomas Gorman filed a petition for post conviction relief alleging Ineffective Assistance of Counsel for failure of trial counsel to investigate, develop and present mitigation.

Sharp's trial counsel called no fact witnesses at his capital sentencing and failed to mark and move for admission of a single exhibit.

 

Below is select portions from Sharp's post-conviction evidentiary hearing on this issue.

 

Standard of Care

Attached is Mitigation Specialist Mary Durand's testimony as to the prevailing professional standard of care in the state of Arizona in the 1980's through the 90's for mitigation investigation in a capital case.

Mary Durand Transcript

 

Prejudice.

Attached is Sharp's PCR Mitigation Specialist Keith Rohman's testimony from Sharp's post conviction evidentiary hearing.  Relief in these cases is driven by prejudice. Post conviction counsel was attempting to demonstrate prejudice with Mr. Rohman's testimony as well as explain the role of a mitigation specialist and how to do a mitigation investigation. Keith Rohman explains the process of mitigation investigation, his credentials, the skills required of a mitigation specialist that most attorneys do not possess. He also describes all of the mitigation that was found which was present and available at the time of Sharp's original capital sentencing.

Keith Rohman Transcripts

First

Second

Third

 

Cross-examination of Trial Counsel

My cross examination of Sharp's trial counsel from his post-conviction evidentiary hearing on the issue of failing to investigate, develop and present mitigation AND the failure to secure a mitigation specialist as part of a capital defense team.

 

Cross-examination of Trial Counsel Transcript

 

Thomas A. Gorman
Criminal Law Specialist - Certified by the State Bar of Arizona
Web site: lawyergorman.com
P.O. Box 1909
Sedona, AZ 86339
(928)-863-0900  Ph.
(928) 282-0650   Fax
 

LawyerGorman@aol.com

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