Supreme Court of the United States

Demarcus Ali Sears v. Stephen Upton

June 29, 2010177 L. Ed. 2d 1025

Summary

Justice Scalia, dissenting, disagrees with the Court's decision to remand for the state court to find whether a different mitigation theory would have persuaded the jury. He argues the state habeas court correctly applied Strickland and that Sears has not shown a reasonable probability that the sentence would have differed.