SCOTUS reverses death sentence of Korean war vet
In Porter v. McCollum, decided November 30, the U.S. Supreme held that it is ineffective assistance of counsel not to investigate and present mitigating evidence regarding a veteran of the Korean War's military service.
Porter was wounded and decorated for his service in the Korean War, where he fought in two major engagements. As a result of his service and the horrors inflicted in those battles, he suffered severe trauma which included post-traumatic stress disorder and brain damage which could result in impulsive, violent behavior. In 1988 he was sentenced to death for the murders of his former girlfriend and her new boyfriend.
At trial, Porter represented himself, but standby counsel was appointed in case he did change his mind. Porter ended up stopping the trial and pled guilty before the end of the state's case, and then changed his mind and requested that standby counsel represent him for the sentencing proceeding. His lawyer then presented no evidence of Porter's mental conditions, abuse he had suffered as a child, or his military record - the jury, who doubtless did not know anything of this man except that he had killed two people, then recommended that he be sentenced to death.
This case is important for several reasons. One, it reaffirms that a trial lawyer has to investigate his client's case and that the Constitution requires more than an attorney to stand next to the person, especially in a death penalty trial.
Second, it shows the importance of standby counsel to take their role as counsel seriously. I can imagine that the attorney in this trial did not expect that he would play any major role, as Porter was representing himself - but then the unthinkable happened for this lawyer who was sitting there in the courtroom, knowing that he was not prepared, hoping that he would not be needed - Porter asked for his help. And the lawyer was utterly and completely unprepared to give it to him. It is not often that standby counsel is needed, but it does happen and when it does this opinion makes it clear that you must be prepared.
More importantly, this opinion reflects the growing recognition of the effects that war can have on our troops and the Court does not brush it under the rug like so many have done. The stress of military service, particularly for those who have been in combat, watched their friends die around them, taken lives, and looked death in the face themselves, changes a person. There are still people who give everything for their country and when they return they are marginalized and treated as criminals because they develop drinking or drug problems to cope with their trauma or because they are unable to get the help that they need.
The Court is absolutely right, knowledge of Porter's background, his childhood, his military service, his mental illness and addictions, the relationships that led to the fateful night in question - in short, his story, would have made the difference between life and death.
