SEARS v. UPTON

No. 09-8854.

130 S.Ct. 3259 (2010)

561 U.S. 945

Demarcus Ali SEARS, Petitioner, v. Stephen UPTON, Warden.

Supreme Court of United States.

June 29, 2010.


Attorney(s) appearing for the Case

Robert Edwards, Atlanta, GA, for petitioner.

Beth A. Burton, Senior Assistant Attorney General, Counsel of Record, Atlanta, GA, for respondent.


PER CURIAM.

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

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