Sixth Amendment: to prevail under Strickland, Porter must show that his
counsel’s deficient performance prejudiced him. To establish deficiency, Porter
must show his “counsel’s representation fell below an objective standard of
reasonableness.” 466 U. S., at 688. To establish prejudice, he “must show that
there is a reasonable probability that, but for counsel’s unprofessional
errors, the result of the proceeding would have been different.” Id., at 694. Finally, Porter is
entitled to relief only if the state court’s rejection of his claim of
ineffective assistance of counsel was “contrary to, or involved an unreasonable
application of” Strickland, or
it rested “on an unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.” 28 U. S. C. §2254(d).
Because the state court did not decide whether Porter’s counsel was deficient,
we review this element of Porter’s Strickland
claim de novo. Rompilla v. Beard, 545 U. S. 374, 390 (2005) (…) counsel had an “obligation
to conduct a thorough investigation of the defendant’s background.” Williams v. Taylor, 529 U. S. 362, 396 (2000); under Strickland, a defendant is prejudiced by his counsel’s deficient
performance if “there is a reasonable probability that, but for counsel’s
unprofessional errors, the result of the proceeding would have been different.”
466 U. S., at 694; Porter must show that but for his counsel’s deficiency,
there is a reasonable probability he would have received a different sentence.
To assess that probability, we consider “the totality of the available
mitigation evidence—both that adduced at trial, and the evidence adduced in the
habeas proceeding”—and “reweigh it against the evidence in aggravation.” Williams, supra, at 397–398; see Penry
v. Lynaugh, 492 U. S.
302, 219 (1989) (“‘evidence about the defendant’s background and character is
relevant because of the belief, long held by this society, that defendants who
commit criminal acts that are attributable to a disadvantaged background . . .
may be less culpable’”); under Florida law, mental health evidence that does
not rise to the level of establishing a statutory mitigating circumstance may
nonetheless be considered by the sentencing judge and jury as mitigating. See, e.g., Hoskins v. State,
965 So. 2d 1, 17–18 (Fla. 2007) (per
curiam). Indeed, the Constitution requires that “the sentencer in
capital cases must be permitted to consider any relevant mitigating factor.” Eddings v. Oklahoma, 455 U. S. 104, 112 (1982); it is unreasonable to
discount to irrelevance the evidence of Porter’s abusive childhood, especially
when that kind of history may have particular salience for a jury evaluating
Porter’s behavior in his relationship with Williams. It is also unreasonable to
conclude that Porter’s military service would be reduced to “inconsequential
proportions,” 788 So. 2d, at 925, simply because the jury would also have
learned that Porter went AWOL on more than one occasion. Our Nation has a long
tradition of according leniency to veterans in recognition of their service,
especially for those who fought on the front lines as Porter did. Moreover,
the relevance of Porter’s extensive combat experience is not only that he
served honorably under extreme hardship and gruesome conditions, but also that
the jury might find mitigating the intense stress and mental and emotional toll
that combat took on Porter; (fn. 9) cf. Cal. Penal Code Ann. §1170.9(a) (West
Supp. 2009) (providing a special hearing for a person convicted of a crime “who
alleges that he or she committed the offense as a result of post-traumatic
stress disorder substance abuse, or psychological problems stemming from
service in a combat theater in the United States military”); Minn. Stat.
§609.115,Subd. 10 (2008) (providing for a special process at sentencing if the
defendant is a veteran and has been diagnosed as having a mental illness by a
qualified psychiatrist); we do not require a defendant to show “that counsel’s
deficient conduct more likely than not altered the outcome” of his penalty
proceeding, but rather that he establish “a probability sufficient to undermine
confidence in that outcome.” Strickland,
466 U. S., at 693–694. This Porter has done (U.S.S.Ct., 30.11.09, Porter v.
McCollum, Per Curiam).
Monday, November 30, 2009
Porter v. McCollum
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