wiggins v smith quimbee
To establish prejudice, a defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the proceeding's result would have been different. Id., at 687.
But he's worked.
The decision sets at naught the statutory scheme we once described as a "highly deferential standard for evaluating state-court rulings," Lindh v. Murphy, 521 U. S. 320, 333, n. 7 (1997). Schlaich testified under oath that presenting the type of evidence in Selvog's report would have conflicted with his chosen defense strategy to raise doubts as to Wiggins' role as a principal, and that he wanted to avoid a "shotgun approach" with the jury.
2d, at 16, was unreasonable.
ante, at 534-535-indeed, even refers to it as "powerful" evidence, ante, at 534-and assumes that Wiggins' lawyers could have simply handed Hans Selvog's report to the jury. Section 2254 provides: "(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim-, "(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or, "(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
See Wiggins v. State, 352 Md., at 608, 724 A.
177a, 193a (evidence not exactly worthy of the Court's flattering description as "powerful"), there was nothing to prof-.
Schlaich testified only that he learned of Wiggins' borderline mental retardation as it was reported in "'other people's reports''': "'A Yes.'" Given all that, the Court's conclusion that a § 2254(d)(2) case has been made out still suffers from the irreparable de-.
Nor does Strickland require counsel to present such evidence at sentencing in every case. That is not true.
Further, the Court misdescribes the state court's opinion while ignoring § 2254(e)(1)'s. With respect to that history, counsel had available to them the written PSI, which included a one-page account of Wiggins' "personal history" noting his "misery as a youth," quoting his description of his own background as "'disgusting,'" and observing that he spent most of his life in foster care.
to Pet. 2d, at 15. This question did not "refe[r] to what [Schlaich] knew from the social services records," as the Court declares; and neither, by the way, did any of the other questions put to Schlaich regarding his knowledge of Wiggins' background.
Williams did make new law-law that was not "clearly established" at the time of the Maryland Court of Appeals' decision. Upon a complaint from the Dobbses, Wiggins attempted unsuccessfully to mitigate the noise.
In order for a federal court to find a state court's application of our precedent "unreasonable," the state court's decision must have been more than incorrect or erroneous.
Id., at 167a171a. 466 U. S., at 691.
No contracts or commitments.
Cancel anytime. Indeed, the record contains no mention of sources other than those it is undisputed counsel possessed, see supra, at 523-524. What difference did it make whether the social services records contained evidence of sexual abuse? ; App. Wiggins has not established (and the Court does not assert) any "reasonable probability" that they would have done this, given the dangers they saw in exposing their client to cross-examination over a wide range of issues. Counsel's pursuit of bifurcation until the eve of sentencing and their partial presentation of a mitigation case suggest that their incomplete investigation was the result of inattention, not reasoned strategic judgment. for days, forcing them to beg for food and to eat paint chips and garbage.
This is so, the Court says, because the Maryland Court of Appeals wrongly claimed that Wiggins' social services records "recorded incidences of ... sexual abuse." 490.
Id., at 166a-167a. But because the only evidence of sexual abuse consisted of Wiggins' own assertions, see App. Though she told the jury it would "hear that Kevin Wiggins has had a difficult life," id., at 72, counsel never followed up on that suggestion with details of Wiggins' history.
I think that's an important thing for you to consider.'"
In finding Williams' ineffectiveness claim meritorious, we applied Strickland and concluded that counsel's failure to uncover and present voluminous mitigating evidence at sentencing could not be justified as a tactical decision to focus on Williams' voluntary confessions, because counsel had not "fulfill[ed] their obligation to conduct a thorough investigation of the defendant's background."
A witness for Wiggins testified that he heard barking, but it was not loud, and he did not think it was disturbing. 490-491.
See Williams, 529 U. S., at 390 (noting that the merits of Williams' claim "are squarely governed by our holding in Strickland"); see also id., at 395 (noting that the trial court correctly applied both components of the Strickland standard to petitioner's claim and proceeding to discuss counsel's failure to investigate as a violation of Strickland's performance prong).
2d, at 15. "'A Yes.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Id., at 36.
In evaluating petitioner's claim, this Court's principal concern is not whether counsel should have presented a mitigation case, but whether the investigation supporting their decision not to introduce mitigating evidence of Wiggins' background was itselfreasonable. Cf.
See post, at 543-544. The Court is wrong-in both its premise and its conclusion. Standard practice in Maryland capital cases at that time included the preparation of a social history report. The Court today vacates Kevin Wiggins' death sentence on the ground that his trial counsel's investigation of potential mitigating evidence was "incomplete." Written and curated by real attorneys at Quimbee.
Mrs. Wiggins' abusive behavior included beating the children for breaking into the kitchen, which she often kept locked.
See 288 F. 3d, at 640-641; Wiggins v. State, 352 Md., at 608609, 724 A. Indeed, counsel uncovered no evidence in their investigation to suggest that a mitigation case, in its own right, would have been counterproductive, or that further investigation would have been fruitless; this case is therefore distinguishable from our precedents in which we have found limited investigations into mitigating evidence to be reasonable. 32. Moreover, as we have noted, see supra, at 526, Wiggins' counsel did not focus solely on Wiggins' direct responsibility. for Cert.
A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. for Cert.
The source of Schlaich's knowledge-whether he obtained it from the DSS reports or from Wiggins himself-was of no consequence. 651, 680-82, 629 A.
2d 223, 243 (1995), and many of the anecdotes regarding Wiggins' childhood consist of the baldest hearsay-statements that have been neither taken in court, nor given under oath, nor subjected to crossexamination, nor even submitted in the form of a signed affidavit. It is clear that when Schlaich said, '''At least I knew that as it was reported in other people's reports,'" id., at 491 (emphasis added), the" 'that'" to which he referred was the fact that Wiggins was borderline mentally retarded-not the other details of Wiggins' background which Schlaich had previously testified he knew. The Court is mistaken to assert that this discussion "made no new law,".
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