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