172456P.pdf   09/11/2019  Justin Anderson  v.  Wendy Kelley
   U.S. Court of Appeals Case No:  17-2456
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Gruender, Author, with Stras and Kobes, Circuit Judges] 
   Prisoner case - Habeas - Death Penalty. The district court did not err in 
   rejecting Anderson's claim that his trial counsel ineffectively failed to 
   present or investigate certain mental health limitations, including 
   biological limitations of the teenage brain, PTSD from childhood abuse and 
   fetal alcohol syndrome; counsel's representation did not fall below an 
   objective standard of reasonableness, and even it if it did, Anderson has 
   not demonstrated prejudice; Anderson has failed to show prejudice from the 
   admission of mental health expert's report that included information that 
   he was on death row for a prior murder; with respect to Anderson's claims 
   that the trial court erroneously instructed the jury to consider an 
   improper aggravating factor, even if the court assumes the claim was 
   fairly presented in state court, it still fails because considering an 
   aggravating factor in violation of a state statute does not amount to a 
   constitutional violation meriting federal habeas relief; the tools were 
   available for Anderson to argue that his youth at the time of the offense 
   and serious mental health issues categorically exempted him from the death 
   penalty, and his failure to present such an argument in state court 
   resulted in the claim being procedurally defaulted. Judge Kobes, 
   concurring in part and dissenting in part.