TIMBERLAKE v. DAVIS

No. 04-2315.

418 F.3d 702 (2005)

Norman TIMBERLAKE, Petitioner-Appellant, v. Cecil DAVIS, Superintendent, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

August 1, 2005.


Attorney(s) appearing for the Case

Brent Westerfeld, Indianapolis, IN, Lorinda Meier Youngcourt, Huron, IN, for Petitioner-Appellant.

James B. Martin, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before EASTERBROOK, RIPPLE, MANION, Circuit Judges.


Order

The petition for rehearing relies on Rompilla v. Beard, ___ U.S. ___, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005), which was issued about four weeks after our decision. According to Timberlake, Rompilla establishes that defense counsel in a capital case must evaluate potential mitigating evidence even when the accused informs counsel that no such evidence is available. That holding, Timberlake concludes, is incompatible with our decision.

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