Gary Ploof, Below v. State of Delaware, Below

Summary

The court held that trial counsel performed deficiently by failing to investigate multiple red flags concerning abuse and dysfunction in the defendant’s childhood home. It nevertheless affirmed denial of postconviction relief because the newly developed mitigation evidence did not create a reasonable probability that the sentencing result would have been different when weighed against the powerful aggravating evidence. The dissent agreed that counsel was deficient but would have found prejudice and ordered a new sentencing hearing.