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Sears v. Upton

Docket No.: 09-8854
Certiorari Granted: Jun 29 2010
Decided: 6/29/10

PartyNames: Demarcus Ali Sears v. Stephen Upton, Warden
Petitioner: Demarcus Ali Sears
Respondent: Stephen Upton, Warden

Court Below: Supreme Court of Georgia

Demarcus Ali Sears
Stephen Upton, Warden

Other Citations: (130 S. Ct. 3259; 177 L. Ed. 2d 1025)

Petitioner was sentenced to death following a conviction of armed robbery and kidnaping with bodily injury which resulted in death. The state postconviction trial court denied petitioner's Sixth Amendment ineffective assistance of counsel claim. The Supreme Court of Georgia summarily denied review.

Holding: vacated and remanded
Vote: 8-1
Opinion By: Per Curiam
Read SEARS V. UPTON opinion (PDF)

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