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- SUPREME COURT OF THE UNITED STATES
- --------
- No. A-471
- --------
- CHRISTOPHER A. BURGER v. WALTER D. ZANT,
- WARDEN, GEORGIA DIAGNOSTIC AND
- CLASSIFICATION CENTER
- on application for stay of execution of sentence
- of death
- [December 7, 1993]
-
- The application for stay of execution of sentence of
- death presented to Justice Kennedy and by him
- referred to the Court is denied.
- Justice Blackmun, statement respecting the denial of
- stay of execution. Today the Georgia Supreme Court
- declined to set aside or to stay Christopher Burger's
- execution. Because that decision rests on adequate and
- independent state grounds, it presents this Court with
- no basis on which to grant relief. I write separately,
- however, to reiterate my conviction that Mr. Burger was
- denied the effective assistance of counsel during both the
- guilt and sentencing phases of his trial. See Burger v.
- Kemp, 483 U. S. 776, 796 (1987) (Blackmun, J., dissent-
- ing). His lawyer's direct conflict of interest prevented
- him from representing Mr. Burger effectively in plea
- negotiations and on appeal. Just as egregiously, his
- counsel inexplicably failed to investigate and to present
- mitigating evidence -- evidence that would have shown
- that 17-year-old Chris Burger had a diminished mental
- capacity, functioning at the level of a 12-year-old child,
- and that the unspeakable physical and psychological
- abuse he suffered as a child left him a troubled adoles-
- cent, with recurring psychological problems. These
- shortcomings by counsel, which were never remedied,
- leave me convinced that Mr. Burger's conviction, sen-
- tencing proceeding, and appeal cannot -be relied on as
- having produced a just result.- Strickland v. Washing-
- ton, 466 U. S. 668, 686 (1984).
-