Did the defense counsel provide competent assistance during the mitigation phase of Spisak’s trial?
Spisak argues that his death penalty sentence should be vacated because he did not receive effective assistance from his lawyer, as guaranteed by the Sixth Amendment, during the mitigation phase of his trial. See Brief for Respondent at 44-45. Both parties agree that the ineffective-assistance claim is subject to the two-prong analysis laid out in Strickland v. Washington. See id. at 33; Brief for Petitioner at 31 (citing Strickland v. Washington, 466 U.S. 668 (1984)). The first prong considers “whether ‘counsel’s performance was deficient,’ and, if so, the second is whether ‘the deficient performance prejudiced the defense.’” Brief for Petitioner at 31.
