Opinion · Supreme Court of the United States
Berry v. King
476 U.S. 1164
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1986-06-02
- Topic
- general
Justice Marshall, dissenting. This is yet another capital case in which defense counsel failed to present any mitigation evidence whatsoever during the sentencing phase of a defendant’s trial. I believe that, except perhaps in the extraordinary case, counsel’s failure even to attempt to give the jury some reason for believing a defendant is not deserving of death denies defendant his Sixth Amendment right to the effective assistance of counsel. And I have yet to see that extraordinary case. I would grant the petition for certiorari and vacate the sentence.
Citator
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dissenting.
This is yet another capital case in which defense counsel failed to present any mitigation evidence whatsoever during the sentencing phase of a defendant’s trial. I believe that, except perhaps in the extraordinary case, counsel’s failure even to attempt to give the jury some reason for believing a defendant is not deserving of death denies defendant his Sixth Amendment right to the effective assistance of counsel. And I have yet to see that extraordinary case. I would grant the petition for certiorari and vacate the sentence.