In re Welch

-David Esco Welch filed an original habeas corpus petition in this court claiming he should be granted relief from his multiple murder convictions and death sentence. We issued an order to show cause with respect to two of Welch’s claims: (1) that prejudicial juror misconduct occurred when jurors were exposed to improper communications by the bailiff or bailiffs, and (2) that trial counsel rendered ineffective assistance by failing to investigate and introduce evidence that Welch suffered from serious child abuse.

After an evidentiary hearing, the referee concluded (1) that there was no credible evidence of improper communications from the bailiffs to the jury and (2) that trial counsel performed deficiently at the penalty phase of Welch’s trial by failing to investigate and introduce testimony from family members that Welch suffered from serious child abuse.

As to the first issue, we agree with the referee’s conclusion that there was no credible evidence of juror misconduct. As to the second issue, we conclude that in light of the strong aggravating evidence against Welch, as well as the mitigating evidence introduced at trial, the additional mitigating evidence that…