No. 23-7187

Leslie Galloway, III v. Mississippi

Lower Court: Mississippi
Docketed: 2024-04-09
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-defense death-penalty ineffective-assistance ineffective-assistance-of-counsel investigation-standard mitigation post-hoc-strategy post-traumatic-stress-disorder procedural-history sixth-amendment
Latest Conference: 2024-09-30
Question Presented (from Petition)

Leslie Galloway III was sentenced to death after his trial counsel conducted a
constitutionally inadequate investigation that failed to uncover his excruciating life
history and resulting serious impairments, including Post-Traumatic Stress
Disorder. The Mississippi Supreme Court excused trial counsel's failure to conduct
even a minimally adequate investigation by hypothesizing that he may have had an
"alternate strategy" of "humanizing" Mr. Galloway, and thus deemed the failure to
investigate not deficient performance.

The question presented is:

Whether the Mississippi Supreme Court, by excusing trial counsel's failure to
conduct a minimally adequate investigation on the basis of an attribution of trial
strategy, flouted this Court's precedents and conflicted with decisions other federal
circuits and state high courts requiring counsel to conduct sufficient investigation to
inform a strategic decision?

Question Presented (AI Summary)

whether-post-hoc-speculation-about-strategy-can-excuse-a-failure-to-conduct-reasonable-investigation

Docket Entries

2024-10-07
Petition DENIED.
2024-07-11
Reply of Leslie Galloway III submitted.
2024-07-11
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
2024-04-15
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2024.
2024-04-12
Motion to extend the time to file a response from May 9, 2024 to June 10, 2024, submitted to The Clerk.
2024-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2024)
2024-02-29
Application (23A796) granted by Justice Alito extending the time to file until April 5, 2024.
2024-02-23
Application (23A796) to extend the time to file a petition for a writ of certiorari from March 6, 2024 to May 5, 2024, submitted to Justice Alito.

Attorneys

Leslie Galloway III
Claudia Van WykACLU Capital Punishment Project, Petitioner
The State of Mississippi
Parker Alan Proctor Jr.Mississippi Attorney General's Office, Respondent