U.S. Supreme Court: November 2009 Archives
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November 2009 Archives

Porter v. McCollum, No. 08-10537

In capital habeas proceedings, circuit court's order reversing a district court's grant of a habeas petition is reversed where it was objectively unreasonable for a state court to conclude that there was no reasonable probability the sentence would have been different if the sentencing judge and jury had heard the significant mitigation evidence that petitioner's counsel neither uncovered nor presented, including evidence of petitioner's mental health or mental impairment, his family background, or his military service.

Read Porter v. McCollum, No. 08-10537

Appellate Information

Filed November 30, 2009

Judges

Per Curiam

Wong v. Belmontes, No. 08-1263

In capital habeas proceedings, a circuit court's order requiring the petition to be granted is reversed where petitioner did not establish that defense counsel prejudiced petitioner by providing him ineffective assistance at the penalty phase of his trial, because petitioner failed to show a reasonable probability that the jury would have rejected a capital sentence after it weighed the entire body of mitigating evidence against the entire body of aggravating evidence.

Read Wong v. Belmontes, No. 08-1263

Appellate Information

Filed November 16, 2009

Judges

Per Curiam

Concurrence by Justice Stevens

Bobby v. Van Hook, No. 09-144

In a capital habeas matter, a circuit court of appeals' grant of the petition on the basis that petitioner's lawyers performed deficiently in investigating and presenting mitigating evidence is reversed where: 1) the court of appeals applied 2003 ABA Professional Guidelines to defense counsel's conduct at a trial that took place in 1985; and 2) counsel's performance at the trial was not deficient under the standards in place at the time.

Read Bobby v. Van Hook, No. 09-144

Appellate Information

Decided November 9, 2009

Judges

Per Curiam

Concurrence by Justice Alito