David Earl Wilson v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary at Angola, Louisiana

EDITH H. JONES, Circuit Judge,

concurring.

I concur in the judgment and the vast bulk of this thorough opinion. I write to suggest that our panel does not, in its remand for an evidentiary hearing of the Strickland issue concerning Wilson’s possible mental impairment, express any opinion on the likely outcome of that matter in the district court. Although Strickland v. Washington and our holding in Jones v. Thigpen shed some light on the considerations to be weighed by the district court in determining whether petitioner’s counsel was deficient in failing to investigate petitioner’s mental problems, I believe they are not squarely on point. In any event, the similarity between those cases and the instant one remains to be resolved by the district court in the evidentiary hearing.