The AFCCA has set aside the death sentence in United States v. Witt, No. 36785, (opinion here) (link fixed) after finding that the trial defense team did not effectively investigate various types of mitigation evidence and concluding:
Thus, this undiscovered mitigating evidence, taken as a whole, “might well have influenced the jury’s appraisal” of the appellant’s moral culpability. Wiggins, 539 U.S. at 538 (quoting Williams, 529 U.S. at 398). It would have considerably added to the mitigation evidence actually presented and would have served to counteract some of the aggravating evidence. As such, we find that had the members been confronted with this additional mitigating evidence, there is a reasonable likelihood that at least one member would have struck a different balance between the aggravating and mitigating factors and would have returned with a different sentence. Having found both constitutionally deficient performance as well as prejudice, we reverse the sentence in this case and remand for a new sentencing hearing.
Slip op. at 49.
Witt is one of only five prisoners on military death row. The other four are: Gray, Loving, Akbar, and Hennis.