The Louisiana Supreme Court found ineffective assistance of counsel in the failure to explore a “battered woman’s syndrome” defense

This case presents the question of whether the defendant was deprived of effective assistance of counsel where trial counsel failed to investigate and present a cogent defense of “battered woman’s syndrome” (“BWS”), including failing to investigate the benefits of expert testimony concerning BWS. We hold that the defendant was deprived of effective assistance of counsel in this case, given the documented evidence of repeated abuse the victim perpetrated upon the defendant before his death. We therefore reverse the court of appeal, vacate the defendant’s conviction and sentence, and remand to the trial court for further proceedings consistent with this opinion.

Below

As a result of Hurricane Katrina, Curley’s trial was delayed. In February 2007, two days before trial was to commence, Curley’s new post-Katrina counsel, John Fuller, appeared in court with Curley present, withdrew the dual plea, and entered a plea of not guilty. Despite extensive testimonial and documentary evidence regarding abuse the victim perpetrated upon defendant, trial counsel did not educate himself on the method by which BWS evidence should be introduced at trial, nor did he consult with an expert or seek to introduce expert testimony regarding BWS and its effects. Instead, trial counsel presented alternative theories of justification and accidental discharge.