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Keywords

defendanttrialwillmitigating circumstances

trialmotionwill

Related Cases

Porter v. McCollum, 558 U.S. 30, 130 S.Ct. 447, 175 L.Ed.2d 398, 78 USLW 3315, 09 Cal. Daily Op. Serv. 14,171, 2009 Daily Journal D.A.R. 16,705, 22 Fla. L. Weekly Fed. S 9

Facts

George Porter was convicted of two counts of first-degree murder for killing his former girlfriend, Evelyn Williams, and her boyfriend, Walter Burrows. During the penalty phase of his trial, Porter's defense counsel failed to present significant mitigating evidence regarding Porter's mental health, abusive childhood, and military service, which could have influenced the jury's decision. The jury recommended the death sentence for Williams' murder, and the trial court imposed the death penalty, finding no mitigating circumstances.

Porter was convicted of two counts of first-degree murder for the shooting of his former girlfriend, Evelyn Williams, and her boyfriend, Walter Burrows.

Issue

Did Porter's counsel provide ineffective assistance during the penalty phase of his trial by failing to investigate and present mitigating evidence?

Rule

Under Strickland v. Washington, a defendant must show that counsel's performance was deficient and that the deficiency prejudiced the defense, meaning there is a reasonable probability that, but for counsel's errors, the result would have been different.

To prevail under Strickland, Porter must show that his counsel's deficient performance prejudiced him.

Analysis

The Supreme Court found that Porter's counsel's performance was deficient as he failed to conduct a thorough investigation into Porter's background, which included significant mitigating evidence related to his military service, childhood abuse, and mental health issues. The Court determined that the Florida Supreme Court unreasonably applied Strickland by concluding that Porter was not prejudiced by this deficiency, as the jury had not been presented with crucial information that could have influenced their sentencing decision.

Conclusion

The Supreme Court granted the petition for certiorari in part, reversed the Eleventh Circuit's judgment, and remanded the case for further proceedings, indicating that Porter's counsel's failure to present mitigating evidence warranted federal habeas relief.

The petition for certiorari is granted in part, and the motion for leave to proceed in forma pauperis is granted.

Who won?

George Porter prevailed in the Supreme Court, as the Court found that his counsel's ineffective assistance prejudiced his case, warranting a reversal of the Eleventh Circuit's decision.

George Porter prevailed in the Supreme Court, as the Court found that his counsel's ineffective assistance prejudiced his case.

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