Leslie Galloway, III v. Mississippi
HabeasCorpus Punishment
whether-post-hoc-speculation-about-strategy-can-excuse-a-failure-to-conduct-reasonable-investigation
QUESTION PRESENTED 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? i