A man holding a sign that says "Death Penalty is Not Justice."

Galloway v. Mississippi

Location: Mississippi
Court Type: U.S. Supreme Court
Case Type: Emergency Docket
Status: Ongoing
Last Update: July 11, 2024

What's at Stake

In Galloway v. Mississippi, the 老澳门开奖结果 represents a man on Mississippi鈥檚 death row whose trial attorneys relied on a mere twenty-two-page presentation in support of a life sentence, without first conducting the background investigation that would have enabled them to make informed decisions about what evidence to present. A constitutionally adequate investigation would have uncovered voluminous mitigating evidence that could have caused the jury to decide for life instead of death. The Mississippi Supreme Court rejected Mr. Galloway鈥檚 claim by speculating that trial counsel had an alternative 鈥渟trategy鈥 that precluded their doing a full presentation of the abuse he suffered as a child and his mental disabilities鈥攅ven though Mr. Galloway鈥檚 lawyers asserted no such strategic judgment.

The Sixth Amendment guarantees criminal defendants the effective assistance of counsel, which imposes on counsel a duty to investigate before making strategic decisions. This duty is most exacting in capital cases, where the prevailing professional norms call for a thorough investigation of mitigation evidence, including in particular the defendant鈥檚 life history and mental health, which are often the core of a mitigation case. The Supreme Court has clearly established that counsel鈥檚 failure to discharge that duty to investigate cannot be justified by post hoc rationalizations, because sufficient investigation must be conducted in order to inform a strategic decision.

In this case the Mississippi Supreme Court concluded that the failure of Mr. Galloway鈥檚 appointed counsel to investigate their client鈥檚 excruciatingly abusive childhood and post-traumatic stress disorder, despite obvious red flags in readily available records, was not ineffective assistance because it hypothesized, without record basis, that trial counsel employed an 鈥渁lternate strategy鈥 of 鈥渉umanizing鈥 Mr. Galloway. Counsel themselves never offered that strategy as a reason for the failure to investigate.\, and there is nothing inconsistent about seeking to humanize a client and demonstrating that he had an abusive childhood or suffers from mental disabilities.

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