Gary Ploof, Below v. State of Delaware, Below — Strine, J., Concurring

Summary

The concurrence agrees that the ineffective-assistance claim concerning the investigation and presentation of mitigating evidence must be reconsidered because the record did not support the lower court’s conclusion that counsel’s performance was constitutionally adequate and its prejudice analysis was cursory. It explains that the lower court must reassess both deficient performance and prejudice, considering whether the undiscovered abuse evidence could have caused a reasonable juror and sentencing judge to choose life rather than death. The concurrence further states that a finding of prejudice should result in a new sentencing hearing. Chancellor Strine, concurring, would provide more detailed guidance on the required remand analysis than the majority did.