Kemp, Warden v. Blake

How later courts describe this case

• Cronic presumption appropriate where state failed to provide examining psychiatrist with defendant’s taped confession and letter written by defendant, both of which strongly supported insanity defense
• attorney who fails to make preparation for penalty phase deprives client of reasonably effective assistance of counsel
• psychiatric examination which failed to ascertain the mental status of the defendant at the time of the crime was insufficient under Ake
• attorney did not prepare for the sentencing phase because he thought his client would be found not guilty of first degree murder by reason of insanity
• "It should be beyond cavil that an attorney who fails altogether to make any preparations for the penalty phase of a capital murder trial deprives his client of reasonably effective assistance of counsel by any objective standard of reasonableness."
• counsel failed to present any character witnesses at all