Supreme Court of the United States

Demarcus Ali Sears v. Stephen Upton

June 29, 2010177 L. Ed. 2d 1025

Summary

The Supreme Court granted certiorari, held that the Georgia state court applied an incorrect prejudice analysis under Strickland for Sears' ineffective‑assistance claim, vacated the judgment and remanded for a proper inquiry. The Court emphasized that a facially deficient mitigation investigation requires a full, fact‑specific prejudice assessment regardless of the amount of mitigation evidence originally presented.