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In May 1998, Rayshawn Johnson was convicted in Hamilton County of one count of aggravated murder, with death specifications of aggravated burglary and aggravated robbery, and sentenced to death. 

In his habeas petition to the United States District Court for the Southern District of Ohio, Mr. Johnson raised, among other issues, a claim of ineffective assistance of counsel in violation of his Sixth Amendment right, based on trial counsel’s deficient performance at the mitigation hearing. Trial counsel failed to conduct a timely and reasonable mitigation investigation.  Not only did they fail to present compelling mitigating evidence to the jury, they presented damaging, inflammatory testimony through their expert witness (a psychiatrist). 

In May 2004, an evidentiary hearing was held in the federal district court and pre-hearing depositions of some witnesses were taken. Through testimony from family, friends, and a psychologist/substance abuse expert and the presentation of records collected pertaining to Mr. Johnson and his mother, Mr. Johnson’s habeas counsel presented evidence of his abusive and neglectful upbringing, the substance abuse that permeated his family—including Mr. Johnson’s own drug and alcohol dependence—and the generational cycle of dysfunction present in his family background: evidence that had not been presented to the jury at his capital trial. 

In an Opinion and Order dated April 24, 2006, the district court granted the Writ on this claim. The court found that defense counsel’s performance at the penalty phase was deficient and prejudiced Mr. Johnson. The State of Ohio is directed to commute Mr. Johnson’s death sentence or grant him a new mitigation hearing within 180 days of the court’s Opinion and Order.

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