Legal Opinion

Sears v. Upton

Supreme Court of the United States

Decided June 29, 2010No. 09-8854PublishedCited by 272 opinions

1Opinion of the Court

*1028OPINION OF THE COURT

[561 U.S. 945]

2Per curiam

According to an expert who testified during state postconviction relief, petitioner Demarcus A. Sears performs at or

[561 U.S. 946]

below the bottom first percentile in several measures of cognitive functioning and reasoning. The cause of this abnormality appears to be significant frontal lobe brain damage Sears suffered as a child, as well as drug and alcohol abuse in his teens. But because—in the words of the state trial court—his counsel conducted a penalty phase investigation that was “on its face . . . constitutionally inadequate,” App. to Pet. for Cert.…

3Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Chambers v. MississippiSupreme Court of the United States · 1973
  5. Padilla v. KentuckySupreme Court of the United States · 2010

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4Cited by272 opinions

  1. Wilson v. SellersSupreme Court of the United States · 2018
  2. Commonwealth v. Mason, L., ApltSupreme Court of Pennsylvania · 2015
  3. Commonwealth v. KoehlerSupreme Court of Pennsylvania · 2012
  4. Foster v. ChatmanSupreme Court of the United States · 2016
  5. Commonwealth v. PaddySupreme Court of Pennsylvania · 2011

267 more not listed; retrieve them via the Exa API.

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