Sears v. Upton

Docket No. Argument Opinion Vote Author Term
09-8854 Not Argued Jun 29, 2010 5-4 Per Curiam OT 2009

Issue: Without oral argument, the Court decided that a state court failed to adequately assess the a capital defendant’s claim of ineffective assistance of counsel arising from his lawyer’s failure to investigate the defendant’s history of mental impairments.

Judgment: Vacated and remanded in a per curiam opinion on June 29, 2010. Justice Scalia filed a dissenting opinion, joined by Justice Thomas. Chief Justice Roberts and Justice Alito would have denied the petition.

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