Hodge v. Kentucky — Sotomayor, J., dissenting

Summary

Justice Sotomayor dissents from the Court's failure to grant certiorari and vacate the judgment of the Kentucky Supreme Court. She argues that the Kentucky Supreme Court erred in its Strickland prejudice analysis by requiring mitigation evidence to explain the crime before considering it as relevant to sentencing. She would remand for a proper weighing of evidence regarding the defendant's history of abuse.