Supreme Court of Florida

Luther Douglas v. State of Florida, Appellee Luther Douglas v. Kenneth S. Tucker

January 5, 2012141 So. 3d 107

Summary

Justice Lewis concurs in the result, emphasizing that trial counsel’s complete failure to investigate and present extensive mitigating evidence—such as the defendant’s low IQ, learning disabilities, chronic depression, substance abuse, and brain dysfunction—undermines confidence in the penalty‑phase outcome. The concurrence relies on Porter, Cooper, and Griffin to argue that such omissions constitute ineffective assistance of counsel and prejudice the sentencing determination.