USA - Tennessee. Federal Judge vacates McNish death penalty.

Federal Judge vacates McNish death penalty. U.S. District Judge Pamela Reeves ordered the 32-year-old death sentence of David Lee McNish vacated and ordered the 1st Judicial District to conduct a new sentencing hearing or impose a lesser sentence on McNish within 180 days. Judge Reeves ruled McNish, 62, White, had some merit to his claim he had ineffective assistance from his legal counsel following his conviction because the counsel failed to consider mitigating circumstances about the abusive environment he grew up in, his family problems and his mental problems. McNish was sentenced to death in Carter County on August 15, 1984 following his conviction of 1st-degree murder in the April 5, 1983, of then 72-year-old Gladys Smith during a robbery. Reeves said the record indicates McNish's case "bounced around from 1 attorney to the next during the state's post-conviction appeal proceedings, none of Petitioner's counsel thoroughly investigated the lack of mitigating evidence in the form of Petitioner's social, mental and family history."