deficient performance by counsel does not prejudice a defendant even when it results in the erroneous imposition of a death sentence.

SUPREME COURT OF THE UNITED STATES

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No. 91-1393

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A. L. LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, PETITIONER v. BOBBY RAY FRETWELL

on writ of certiorari to the united states court of appeals for the eighth circuit

[January 25, 1993]

Justice Stevens, with whom Justice Blackmun joins, dissenting.

Concerned that respondent Fretwell would otherwise receive the "windfall" of life imprisonment, see ante, at 1, 5, the Court today reaches the astonishing conclusion that deficient performance by counsel does not prejudice a defendant even when it results in the erroneous imposition of a death sentence. The Court's aversion to windfalls seems to disappear, however, when the State is the favored recipient. For the end result in this case is that the State, through the coincidence of inadequate representation and fortuitous timing, may carry out a death sentence that was invalid when imposed.