Porter v. McCollum (2009)
- Docket
- 08-10537
- Decided
- 2009-01-01
Summary
Question: Did the Eleventh Circuit err when it held that a person's Sixth Amendment right to effective counsel was not violated when his attorney at sentencing failed to bring forward evidence of his heroic war record and other mitigating evidence. Conclusion: Yes. In a per curiam opinion, the Supreme Court reversed the Eleventh Circuit, holding that Mr. Porter's Sixth Amendment right to effective counsel was violated. The Court reasoned that there was a reasonable probability that Mr. Porter's sentence would have been different if the sentencing judge and jury had heard the mitigating evidence that Mr. Porter's attorney failed to uncover or present.