williams taylor warden argued october decided april virginia jury convicted petitioner williams robbery capital murder sentencing hearing found probability future dangerousness unanimously fixed punishment death concluding punishment proper trial judge imposed death sentence virginia affirmed state habeas corpus proceedings trial judge found evidence adduced hearings williams conviction valid counsel failure discover present significant mitigating evidence violated right effective assistance counsel strickland washington rejecting trial judge recommendation williams resentenced state held inter alia trial judge failed recognize strickland modified lockhart fretwell williams suffered sufficient prejudice warrant relief habeas corpus proceedings federal trial judge agreed state trial judge death sentence constitutionally infirm grounds federal judge identified five categories mitigating evidence counsel failed introduce rejected argument failure strategic decision rely primarily fact williams confessed voluntarily prejudice judge determined among things reasonable probability counsel unprofessional errors result proceeding different see strickland applying amended version enacted antiterrorism effective death penalty act aedpa judge concluded virginia decision contrary involved unreasonable application clearly established federal law determined fourth circuit reversed construing prohibit federal habeas relief unless state interpreted applied relevant precedent manner reasonable jurists agree unreasonable declared say virginia decision prejudice unreasonable application strickland lockhart standards established held judgment reversed case remanded reversed remanded justice stevens delivered opinion parts iii iv concluding williams denied constitutionally guaranteed right effective assistance counsel defined strickland trial lawyers failed investigate present substantial mitigating evidence sentencing jury pp threshold question aedpa whether williams seeks apply rule law clearly established time conviction became final easily answered merits claim squarely governed strickland establish ineffective assistance counsel defendant must prove counsel performance fell objective standard reasonableness pp williams entitled relief virginia decision rejecting claim contrary involved unreasonable application clearly established federal law strickland provides sufficient guidance resolving virtually claims virginia erred holding lockhart modified way supplanted strickland although situations overriding focus fundamental fairness may affect analysis see strickland justify departure straightforward application strickland counsel ineffectiveness deprives defendant substantive procedural right law entitles williams constitutionally protected right provide mitigating evidence trial counsel either failed discover failed offer moreover virginia trial judge correctly applied components strickland standard williams claim record establishes counsel failed prepare sentencing week beforehand uncover extensive records graphically describing williams nightmarish childhood introduce available evidence williams borderline mentally retarded advance beyond sixth grade seek prison records recording williams commendations helping crack prison drug ring returning guard missing wallet discover testimony prison officials described williams among inmates least likely act violently dangerously provocatively prison minister williams seemed thrive regimented environment although additional evidence favorable williams failure introduce comparatively voluminous amount favorable evidence justified tactical decision clearly demonstrates counsel fulfill ethical obligation conduct thorough investigation williams background moreover counsel unprofessional service prejudiced williams within strickland meaning virginia prejudice analysis unreasonable least two respects contrary also inasmuch relied inapplicable lockhart exception unreasonable application clear law established strickland failed evaluate totality accord appropriate weight available mitigation evidence pp justice delivered opinion part ii concluding places new constraint power federal habeas grant relief state prisoner respect claims adjudicated merits state habeas writ may issue adjudication contrary involved unreasonable application clearly established federal law determined pp williams filed petition case governed version federal habeas statute statute amended aedpa accordingly williams obtain federal habeas relief must first demonstrate case satisfies condition set provision modifies previously settled rule independent federal review state prisoners habeas petitions order curb delays prevent retrials federal habeas give effect state convictions extent possible law light cardinal principle statutory construction courts must give effect possible every clause word statute must give independent meaning contrary unreasonable application clauses given commonly understood definitions contrary diametrically different opposite character nature mutually opposed first clause must interpreted mean federal habeas may grant relief state arrives conclusion opposite reached question law decides case differently set materially indistinguishable facts unreasonable application clause federal habeas may grant relief state identifies correct governing legal principle decisions unreasonably applies principle facts prisoner case pp defining qualifies unreasonable application clearly established federal law fourth circuit erred holding decision involves application state applied federal law manner reasonable jurists agree unreasonable standard tend mislead federal habeas courts focusing subjective inquiry rather federal ask whether state application clearly established federal law objectively unreasonable cf wright west although difficult define unreasonable common legal term familiar federal judges present purposes important point unreasonable application federal law different incorrect application federal law see congress specifically used word unreasonable term like erroneous incorrect federal habeas may grant relief simply concludes independent judgment relevant decision applied clearly established federal law erroneously incorrectly rather application must also unreasonable finally phrase clearly established federal law determined refers holdings opposed dicta decisions time relevant decision respect quoted phrase bears slight connection jurisprudence teague lane whatever qualify old rule teague constitute clearly established federal law determined see stringer black one caveat section restricts source clearly established law jurisprudence pp stevens announced judgment delivered opinion respect parts iii iv kennedy souter ginsburg breyer joined opinion respect parts ii souter ginsburg breyer joined delivered opinion respect part ii except rehnquist kennedy thomas joined scalia joined except opinion concurring part concurring judgment kennedy joined rehnquist filed opinion concurring part dissenting part scalia thomas joined terry williams petitioner john taylor warden writ certiorari appeals fourth circuit april justice stevens announced judgment delivered opinion respect parts iii iv opinion respect parts ii questions presented whether terry williams constitutional right effective assistance counsel defined strickland washington violated whether judgment virginia refusing set aside death sentence contrary involved unreasonable application clearly established federal law determined within meaning supp iii answer questions affirmatively november harris stone found dead residence henry street danville virginia finding indication struggle local officials determined cause death blood alcohol poisoning case considered closed six months stone death terry williams incarcerated unit city jail unrelated offense wrote letter police stating killed man henry also stating lady west green sorry letter unsigned closed reference cell app police readily identified williams author april obtained several statements one williams admitted stone refused lend couple dollars killed stone mattock took money september williams convicted robbery capital murder williams sentencing hearing prosecution proved williams convicted armed robbery burglary grand larceny prosecution also introduced written confessions williams made april prosecution described two auto thefts two separate violent assaults elderly victims perpetrated stone murder december williams started fire outside one victim residence attacking robbing march williams brutally assaulted elderly woman west green street incident mentioned letter police confession particularly damaging evidence established woman vegetative state expected recover williams also convicted arson setting fire jail awaiting trial case two expert witnesses employed state testified high probability williams pose serious continuing threat society evidence offered williams trial counsel sentencing hearing consisted testimony williams mother two neighbors taped excerpt statement psychiatrist one neighbors previously interviewed defense counsel noticed counsel audience proceedings asked testify spot three witnesses briefly described williams nice boy violent person recorded psychiatrist testimony little relate williams statement examination course one earlier robberies removed bullets gun injure anyone prosecution witnesses williams counsel repeatedly emphasized fact williams initiated contact police enabled solve murder identify perpetrator recent assaults well car thefts closing argument williams counsel characterized williams confessional statements dumb asked jury give weight fact turned one crime four police otherwise solved weight defense counsel closing however devoted explaining difficult find reason jury spare williams jury found probability future dangerousness unanimously fixed williams punishment death trial judge concluded punishment proper imposed death sentence virginia affirmed conviction sentence williams commonwealth cert denied williams virginia rejected williams argument trial judge imposed sentence failed give mitigating weight fact williams turned state habeas corpus proceedings williams filed state collateral relief danville circuit petition subsequently amended circuit judge presided williams trial sentencing held evidentiary hearing williams claim trial counsel based evidence adduced two days hearings judge ingram found williams conviction valid trial attorneys ineffective sentencing among evidence reviewed presented trial documents prepared connection williams commitment years old dramatically described mistreatment abuse neglect early childhood well testimony borderline mentally retarded suffered repeated head injuries might mental impairments organic origin app habeas hearing also revealed experts testified state behalf trial believed williams kept structured environment pose future danger society counsel failure discover present significant mitigating evidence range expected reasonable professional competent assistance counsel counsels performance thus measure standard required holding strickland washington reasonable probability result sentencing phase different judge ingram therefore recommended williams granted rehearing sentencing phase trial virginia accept recommendation williams warden although assumed without deciding trial counsel ineffective disagreed trial judge conclusion williams suffered sufficient prejudice warrant relief treating prejudice inquiry mixed question law fact virginia accepted factual determination available evidence mitigation presented trial held trial judge misapplied law two respects first relying decision lockhart fretwell held wrong trial judge rely mere outcome assessing prejudice quoting lockhart second construed trial judge opinion adopted per se approach establish prejudice whenever mitigating evidence omitted reviewed prosecution evidence supporting future dangerousness aggravating circumstance reciting williams criminal history including several recent offenses confessed comparison found excluded mitigating evidence characterized merely indicating numerous people mostly relatives thought defendant nonviolent cope well structured environment barely altered profile defendant presented jury ibid basis concluded reasonable possibility omitted evidence affected jury sentencing recommendation williams failed demonstrate sentencing proceeding fundamentally unfair federal habeas corpus proceedings exhausted state remedies williams sought federal writ habeas corpus pursuant ed supp iii reviewing state habeas hearing transcript state courts findings fact conclusions law federal trial judge agreed virginia trial judge death sentence constitutionally infirm noting virginia addressed question whether trial counsel performance sentencing hearing fell range competence demanded lawyers criminal cases judge began addressing issue detail identified five categories mitigating evidence counsel failed rejected argument counsel failure conduct adequate investigation strategic decision rely almost entirely fact williams voluntarily confessed according williams trial counsel testimony state habeas counsel fail seek williams juvenile social services records thought counterproductive counsel erroneously believed state law permit app counsel also acknowledged course hearings information williams childhood important mitigation counsel failure contact potentially persuasive character witness likewise conscious strategic choice simply failure return witness phone call offering service finally even counsel neglected conduct investigation time part tactical decision district judge found tactics matter reasonable performance justify omissions turning prejudice issue judge determined reasonable probability counsel unprofessional errors result proceeding different strickland found virginia erroneously assumed lockhart modified strickland standard determining prejudice made important error fact discussing finding introduced analysis williams claim standard review applicable habeas appeals provided supp iii judge concluded errors established virginia decision contrary involved unreasonable application clearly established federal law within meaning federal appeals reversed construed prohibiting grant habeas corpus relief unless state decided question interpreting applying relevant precedent manner reasonable jurists agree unreasonable quoting green french applying standard say virginia decision prejudice issue unreasonable application tests developed either strickland explained evidence williams presented future danger society simply overwhelming endorsed virginia interpretation lockhart characterized state understanding facts case reasonable granted certiorari reverse ii congress enacted statute providing federal courts shall power grant writs habeas corpus cases person may restrained liberty violation constitution treaty law act ch stat years federal habeas corpus statute repeatedly amended scope jurisdictional grant remains course well settled fact constitutional error occurred proceedings led conviction may alone sufficient reason concluding prisoner entitled remedy habeas see stone powell brecht abrahamson hand errors undermine confidence fundamental fairness state adjudication certainly justify issuance federal writ see teague lane quoting mackey opinion harlan concurring judgments part dissenting part quoting rose lundy stevens dissenting deprivation right effective assistance counsel recognized strickland error strickland warden contends federal habeas corpus relief prohibited amendment supp iii enacted part antiterrorism effective death penalty act aedpa relevant portion amendment provides application writ habeas corpus behalf person custody pursuant judgment state shall granted respect claim adjudicated merits state proceedings unless adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined case appeals applied construction amendment adopted earlier opinion green french read amendment prohibiting federal courts issuing writ unless state decision square conflict precedent controlling law fact controlling decision exists state resolution question pure law rests upon objectively unreasonable derivation legal principles relevant upreme ourt precedents decision rests upon objectively unreasonable application established principles new facts quoting green accordingly held federal may issue habeas relief state courts decided question interpreting applying relevant precedent manner reasonable jurists agree unreasonable convinced interpretation amendment incorrect impose test determining legal rule clearly established simply squared real practice decisional apply standard determining reasonableness decisions contained statute congress surely intend wrongly require federal courts including defer state judges interpretations federal law fourth circuit judgment unreasonable face federal law reasonable jurists agree state unreasonable thus case example even virginia misread opinion lockhart grant relief unless believed none judges agreed state interpretation case reasonable jurist statute says nothing reasonable judges presumably virtually judges occasionally commit error make decisions retrospect may characterized unreasonable indeed unlikely congress deliberately impose requirement unanimity federal judges congress acutely aware reasonable lawyers lawgivers regularly disagree one another congress surely intend views one judge might think relief warranted particular case always greater weight contrary considered judgment several reasonable judges inquiry mandated amendment relates way federal habeas exercises duty decide constitutional questions amendment alter underlying grant jurisdiction see federal judges exercise jurisdiction judicial power article iii constitution emphatically province duty judges say law marbury madison cranch core power federal courts independent responsibility independent coequal branches federal government independent separate authority several interpret federal law construction aedpa require federal courts cede authority courts inconsistent practice federal judges traditionally followed discharging duties article iii constitution congress intended require important change exercise jurisdiction believe spoken much greater clarity found text aedpa basic premise informs interpretation parts first requirement determinations state courts tested clearly established federal law determined second prohibition issuance writ unless state decision contrary involved unreasonable application clearly established law address part turn clearly established law requirement teague lane held petitioner entitled federal habeas relief relying rule federal law announced state conviction became final antiretroactivity rule recognized teague prohibits reliance new rules functional equivalent statutory provision commanding exclusive reliance clearly established law reason believe congress intended require federal courts ask whether rule sought habeas new teague remains law also whether clearly established aedpa seems safe assume congress congruent concepts perfectly clear aedpa codifies teague extent teague requires federal habeas courts deny relief contingent upon rule law clearly established time state conviction became teague core principles therefore relevant construction requirement justice harlan recognized inevitable difficulties come attempting determine whether particular decision really announced new rule whether simply applied constitutional principle govern case closely analogous previously considered prior case law mackey teague established guidance making determination explaining federal habeas operates within bounds comity finality applies rule dictated precedent existing time defendant conviction became final teague emphasis deleted rule breaks new ground imposes new obligation federal government falls outside universe federal law aedpa added immediately following clearly established law requirement clause limiting area relevant law determined supp iii broken sufficient legal ground establish constitutional principle lower federal courts establish principle clarity sufficient satisfy aedpa bar respect agree seventh circuit clause extends principle teague limiting source doctrine federal may rely addressing application writ lindh murphy explained retrenchment former practice allowed courts appeals rely jurisprudence addition novelty portion contrary part reference federal law determined emphasis added extends principle teague lane limiting source doctrine federal may rely addressing application writ however purport limit federal courts independent interpretive authority respect federal questions ibid rule fails satisfy foregoing criteria barred teague application collateral review similarly available basis relief habeas case aedpa applies context case also note precedent interpreting teague demonstrated rules law may sufficiently clear habeas purposes even expressed terms generalized standard rather rule justice kennedy explained rule question one necessity requires examination evidence tolerate number specific applications without saying applications create new rule beginning point rule general application rule designed specific purpose evaluating myriad factual contexts infrequent case yields result novel forges new rule one dictated precedent wright west opinion concurring judgment moreover determination whether rule clearly established time state renders final judgment conviction question federal courts must make independent evaluation concurring judgment accord kennedy concurring urged contrast read teague progeny encompass broader principle deference requiring federal courts validat reasonable interpretations law state courts brief california et al amici curiae quoting butler mckellar position bolstered references statements elucidating new rule inquiry one turning whether reasonable jurists agree rule clearly established sawyer smith presumption deference essence position taken three members wright opinion thomas federal habeas must defer state decision rejecting claim unless decision patently quoting butler brennan dissenting teague however extend far often repeated language teague endorses reasonable interpretations state courts explanation policy statement law teague cases reflect view habeas corpus used second criminal trial federal courts run roughshod considered findings judgments state courts conducted original trial heard initial appeals contrary long insisted federal habeas courts attend closely considered decisions give full effect findings judgments consistent federal law see thompson keohane justice explained wright duty federal evaluating whether rule new deference teague direct federal courts spend less time effort scrutinizing existing federal law ground assume state courts interpreted properly maxim federal courts give great weight considered conclusions coequal state judiciary mean held past federal courts must presume correctness state legal conclusions habeas state incorrect legal determination ever allowed stand reasonable always held federal courts even habeas independent obligation say law convinced phrase clearly established law congress intend modify independent obligation contrary unreasonable application requirement message congress intended convey using phrases contrary unreasonable application entirely clear prevailing view circuits former phrase requires de novo review pure questions law latter requires sort reasonability review mixed questions law fact see neelley nagle drinkard johnson lindh murphy en banc rev grounds persuaded phrases define two mutually exclusive categories questions constitutional questions arise habeas corpus proceedings therefore decisions made require federal judge apply rule law set facts may disputed undisputed example erroneous conclusion particular circumstances established voluntariness confession exists conflict interest one attorney represents multiple defendants may well described either contrary unreasonable application governing rule law cf miller fenton cuyler sullivan constitutional adjudication common law rules law often develop incrementally earlier decisions applied new factual situations see wright kennedy concurring rules depend upon elaboration hardly less lawlike establish test indeed efforts distinguish questions fact questions law mixed questions create appropriate standard habeas review generated insubstantial differences opinion issues law fell category question standard review applied see thompson acknowledging charted entirely clear course proper characterization question one fact law sometimes slippery quoting miller thus think fourth circuit correct attributed lack clarity statute part overlapping meanings phrases contrary unreasonable application see green statutory text likewise obviously prescribe specific recognizable standard review dealing either phrase significantly use term de novo plain error easily identify familiar standard review rather text fairly read simply command federal issue habeas writ unless state wrong matter law unreasonable application law given case suggestion wrong decision legal judgment rendered consideration facts law black law dictionary ed emphasis added may longer redressed habeas unreachable unreasonable application phrase based mistaken insistence phrases independent mutually exclusive meanings whether federal issue writ unreasonable application clause statute clear habeas may issue state decision contrary clearly established federal law thus anticipate variety cases like one phrases may implicated even though conclude phrases establish body rigid rules express mood federal judiciary must respect universal camera nlrb respect seems clear congress intended federal judges attend utmost care decisions including reasons supporting decisions concluding proceedings infected constitutional error sufficiently serious warrant issuance writ likewise statute separate provision provides habeas remedy decision based unreasonable determination facts light evidence presented state proceeding supp iii emphasis added provision us case provides relevant context interpretation respect bolsters conviction federal habeas courts must make starting point analysis state courts determinations fact including aspect mixed question rests finding fact aedpa plainly sought ensure level deference determinations state courts provided determinations conflict federal law apply federal law unreasonable way conf congress wished curb delays prevent retrials federal habeas give effect state convictions extent possible law federal courts able fulfill goals within bounds law aedpa instructs hand significant word deference appear text statute neither legislative history statutory text suggests difference deference depending two phrases whatever deference congress mind respect phrases surely requirement federal courts actually defer application federal law independent judgment federal error judge easterbrook noted respect phrase contrary section requires us give state courts opinions respectful reading listen carefully conclusions state addresses legal question law determined prevails lindh disagreement justice precise meaning phrase contrary word unreasonable course important affect narrow category cases simplest first definition contrary phrase conflict webster ninth new collegiate dictionary sense think phrase surely capacious enough include finding decision simply erroneous wrong hasten add even diametrically different opposite established federal law seem include decisions wrong light law nothing phrase contrary justice appears agree implies anything less independent review federal courts moreover decisions conflict federal law rarely unreasonable either reading statute agree judgments must upheld unless closest examination judgment federal firmly convinced federal constitutional right violated difference cases judgment seems entirely reasonable thorough analysis federal produces firm conviction judgment infected constitutional error view erroneous judgment unreasonable within meaning act even though conclusion immediately apparent sum statute directs federal courts attend every judgment utmost care require defer opinion every reasonable judge content federal law carefully weighing reasons accepting state judgment federal convinced prisoner custody case sentence death violates constitution independent judgment prevail otherwise federal law determined might applied federal courts one way virginia another way california light interest ensuring federal courts interpret federal law uniform convinced congress intend statute produce result iii case williams contends denied constitutionally guaranteed right effective assistance counsel trial lawyers failed investigate present substantial mitigating evidence sentencing jury threshold question aedpa whether williams seeks apply rule law clearly established time conviction became final question easily answered merits claim squarely governed holding strickland washington explained strickland violation right williams relies two components first defendant must show counsel performance deficient requires showing counsel made errors serious counsel functioning counsel guaranteed defendant sixth amendment second defendant must show deficient performance prejudiced defense requires showing counsel errors serious deprive defendant fair trial trial whose result reliable establish ineffectiveness defendant must show counsel representation fell objective standard reasonableness establish prejudice must show reasonable probability counsel unprofessional errors result proceeding different reasonable probability probability sufficient undermine confidence outcome past question rule set forth strickland qualifies clearly established federal law determined strickland test necessity requires examination evidence wright kennedy concurring obviates neither clarity rule extent rule must seen established precedent dictated virginia apply strickland test time entertained williams claim teague hardly said recognizing right effective counsel breaks new ground imposes new obligation ibid williams therefore entitled relief virginia decision rejecting claim either contrary involved unreasonable application established law iv virginia erred holding decision lockhart fretwell modified way supplanted rule set strickland true strickland test provides sufficient guidance resolving virtually claims situations overriding focus fundamental fairness may affect analysis thus one hand strickland explained situations prejudice may presumed similarly lockhart concluded given overriding interest fundamental fairness likelihood different outcome attributable incorrect interpretation law regarded potential windfall defendant rather legitimate prejudice contemplated opinion strickland death sentence arkansas imposed bobby ray fretwell based aggravating circumstance murder committed pecuniary gain duplicated element underlying felony murder course robbery shortly trial appeals eighth circuit held double counting impermissible see collins lockhart fretwell lawyer presumably unaware collins decision failed object use pecuniary gain aggravator fretwell claim federal habeas corpus relief reached collins case accordingly even though arkansas trial judge probably sustained timely objection double counting become clear state right rely disputed aggravating circumstance ineffectiveness fretwell counsel deprived substantive procedural right law entitled held claim satisfy prejudice component strickland cases nix whiteside lockhart fretwell justify departure straightforward application strickland ineffectiveness counsel deprive defendant substantive procedural right law entitles instant case undisputed williams right indeed constitutionally protected right provide jury mitigating evidence trial counsel either failed discover failed offer nevertheless virginia read decision lockhart require separate inquiry fundamental fairness even williams able show lawyer ineffective ineffectiveness probably affected outcome proceeding wrote prisoner argues reasonable probability least one juror moved spare petitioner life heard mitigation evidence developed habeas hearing presented trial summarizing contends reasonable probability least one juror heard evidence let alone evidence outcome case different reject contentions prisoner discussion flies face admonition lockhart supra analysis focusing solely mere outcome determination without attention whether result proceeding fundamentally unfair unreliable defective williams unlike virginia state trial judge omitted reference lockhart simply relied opinion strickland stating correct standard judging claims respect prejudice component wrote even petitioner shows counsel performance deficient however must also show prejudice petitioner must show reasonable probability counsel unprofessional errors result different strickland reasonable probability probability sufficient undermine confidence outcome id indeed insufficient show errors conceivable effect outcome proceeding virtually every act omission counsel meet test id petitioner bears highly demanding heavy burden establishing actual prejudice app trial judge analyzed claim correct standard virginia likewise persuaded virginia trial judge correctly applied components standard williams ineffectiveness claim although concluded counsel competently handled guilt phase trial found representation sentencing phase fell short professional standards judgment barely disputed state brief record establishes counsel begin prepare phase proceeding week trial failed conduct investigation uncovered extensive records graphically describing williams nightmarish childhood strategic calculation incorrectly thought state law barred access records done jury learned williams parents imprisoned criminal neglect williams williams severely repeatedly beaten father committed custody social services bureau two years parents incarceration including one stint abusive foster home parents released prison returned parents custody counsel failed introduce available evidence williams borderline mentally retarded advance beyond sixth grade school failed seek prison records recording williams commendations helping crack prison drug ring returning guard missing wallet testimony prison officials described williams among inmates least likely act violent dangerous provocative way counsel failed even return phone call certified public accountant offered testify visited williams frequently williams incarcerated part prison ministry program williams seemed thrive regimented structured environment williams proud carpentry degree earned prison course additional evidence favorable williams juvenile records revealed thrice committed juvenile system aiding abetting larceny years old pulling false fire alarm breaking entering federal district correctly observed failure introduce comparatively voluminous amount evidence speak williams favor justified tactical decision focus williams voluntary confession whether omissions sufficiently prejudicial affected outcome sentencing clearly demonstrate trial counsel fulfill obligation conduct thorough investigation defendant background see aba standards criminal justice commentary ed also persuaded unlike virginia counsel unprofessional service prejudiced williams within meaning strickland hearing additional evidence developed postconviction proceedings judge presided williams trial determined death penalty appropriate concluded existed reasonable probability result sentencing phase different jury heard evidence app agree virginia judge ingram conclusion discounted apparently adopted per se approach prejudice element placed undue emphasis mere outcome determination judge ingram stress importance mitigation evidence making outcome determination clear predictive judgment rested assessment totality omitted evidence rather notion single item omitted evidence matter trivial require new hearing virginia analysis prejudice reaching contrary conclusion thus unreasonable least two respects first already explained state mischaracterized best appropriate rule made clear strickland determining whether counsel assistance effective within meaning constitution may also conducted outcome determinative analysis evident us decision turned erroneous view mere difference outcome sufficient establish constitutionally ineffective assistance counsel see supra analysis respect thus contrary also inasmuch virginia relied inapplicable exception recognized lockhart unreasonable application clear law established second state prejudice determination unreasonable insofar failed evaluate totality available mitigation evidence adduced trial evidence adduced habeas proceeding reweighing evidence aggravation see clemons mississippi error apparent consideration additional mitigation evidence developed postconviction proceedings correctly found factual part mixed question really dispute available mitigation evidence presented trial prejudice determination comprising legal part analysis correctly emphasized strength prosecution evidence supporting future dangerousness aggravating circumstance state failed even mention sole gument mitigation trial counsel advance williams turned alerting police crime otherwise never discovered expressing remorse actions cooperating police coupled prison records guard testimony may overcome finding future dangerousness graphic description williams childhood filled abuse privation reality borderline mentally retarded might well influenced jury appraisal moral culpability see boyde california circumstances recited several confessions consistent view case violent behavior compulsive reaction rather product premeditation mitigating evidence unrelated dangerousness may alter jury selection penalty even undermine rebut prosecution case virginia entertain possibility thus failed accord appropriate weight body mitigation evidence available trial counsel judgment state trial judge correct recognition established legal standard determining counsel effectiveness conclusion entire postconviction record viewed whole cumulative mitigation evidence presented originally raised reasonable probability result sentencing proceeding different competent counsel presented explained significance available evidence follows virginia rendered decision contrary involved unreasonable application clearly established federal law williams constitutional right effective assistance counsel defined strickland washington violated accordingly judgment appeals reversed case remanded proceedings consistent opinion ordered terry williams petitioner john taylor warden writ certiorari appeals fourth circuit april justice delivered opinion respect part ii except concurred part concurred judgment congress enacted antiterrorism effective death penalty act aedpa act congress placed new restriction power federal courts grant writs habeas corpus state prisoners relevant provision supp iii prohibits federal granting application writ habeas corpus respect claim adjudicated merits state unless adjudication resulted decision contrary involved unreasonable application clearly established federal law determined holds today virginia adjudication terry williams application state habeas corpus relief resulted decision agree determination join parts iii iv opinion disagree however interpretation set forth part ii justice stevens opinion write separately explain views held federal entertaining state prisoner application habeas relief must exercise independent judgment deciding questions constitutional law mixed constitutional questions application constitutional law fact see miller fenton words federal habeas owed deference state resolution questions law mixed questions case wright west revisited prior holdings asking parties address following question briefs determining whether grant petition writ habeas corpus person custody pursuant judgment state federal give deference state application law specific facts petitioner case review state determination de novo ibid although ultimate decision turn answer question several opinions join issue see wright west justice thomas announcing judgment acknowledged precedents treat ed settled rule mixed constitutional questions subject plenary federal review habeas quoting miller supra contended nevertheless decisions foreclose applying rule deferential review reasonableness future cases see erroneous brown never explored detail whether federal habeas deny state prisoner application must conclude relevant adjudication correct merely reasonable wright supra justice thomas suggested time revisit decisions may hand given recent habeas jurisprudence nonretroactivity context see teague lane called question rule independent review mixed constitutional questions wright wrote separately wright believed justice thomas understate certainty brown allen rejected deferential standard review issues law also explained considered standard review applicable mixed constitutional questions numerous occasions time concluded federal habeas courts duty evaluate questions independently respect justice thomas suggestion teague progeny called question vitality rule noted teague establish deferential standard review establish standard review teague hold state prisoners receive retroactive benefit new rules law create deferential standard review regard old rules emphasis original finally perhaps importantly purposes today case stated disagreement justice thomas suggestion de novo review incompatible maxim federal habeas courts give great weight considered conclusions coequal state judiciary miller supra statement miller signified decision due respect persuasive authority wright mean held past federal courts must presume correctness state legal conclusions habeas state incorrect legal determination ever allowed stand reasonable always held federal courts even habeas independent obligation say law ibid federal habeas statute stood precedents dictated federal grant state prisoner petition habeas relief conclude independent judgment relevant state erred question constitutional law mixed constitutional question today case governed federal habeas statute prior congress enactment aedpa agree justice stevens williams petition habeas relief must granted independent judgment conclude sixth amendment right effective assistance counsel violated see ante ii williams case governed version habeas statute filed petition december williams case governed statute amended aedpa section provides application writ habeas corpus behalf person custody pursuant judgment state shall granted respect claim adjudicated merits state proceedings unless adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined accordingly williams obtain federal habeas relief must first demonstrate case satisfies condition set provision modifies role federal habeas courts reviewing petitions filed state prisoners justice stevens opinion part ii essentially contends alter previously settled rule independent review indeed opinion concludes statutory inquiry somewhat empty finding express mood federal judiciary must respect ante justice stevens congressionally enacted mood two important qualities first federal courts must attend every judgment utmost care carefully weighing reasons accepting state judgment ante second federal undertakes careful review yet remains convinced prisoner custody violates constitution independent judgment prevail ibid one need look decision miller see justice stevens interpretation gives amendment effect whatsoever command federal courts use utmost care carefully weighing reasons supporting state judgment echoes statement miller federal habeas courts course give great weight considered conclusions coequal state judiciary similarly requirement independent judgment federal must end prevail essentially repeats conclusion reached next sentence miller respect specific issue presented reaffirm ultimate question whether totality circumstances challenged confession obtained manner compatible requirements constitution matter independent federal determination ibid emphasis added justice stevens find new effect prior law habeas corpus remarkable given apparent acknowledgment congress wished bring change field see ante congress wished curb delays prevent retrials federal habeas give effect state convictions extent possible law acknowledgment correct significant case disputed congress viewed important means goals habeas reform achieved justice stevens arrives erroneous interpretation means one critical misstep fails give independent meaning contrary unreasonable application clauses statute see ante persuaded phrases define two mutually exclusive categories questions reading one general restriction power federal habeas justice stevens manages avoid confronting specific meaning statute unreasonable application clause ramifications rule however cardinal principle statutory construction must give effect possible every clause word statute menasche quoting montclair ramsdell section defines two categories cases state prisoner may obtain federal habeas relief respect claim adjudicated merits state statute federal may grant writ habeas corpus relevant decision either contrary clearly established federal law determined involved unreasonable application clearly established federal law determined emphases added appeals fourth circuit properly accorded contrary unreasonable application clauses independent meaning fourth circuit interpretation williams case relied turn previous decision green french cert denied see standard review enunciated green french continues binding law circuit respect first two statutory clauses fourth circuit held green decision contrary clearly established precedent two ways first decision contrary precedent state arrives conclusion opposite reached question law second decision also contrary precedent state confronts facts materially indistinguishable relevant precedent arrives result opposite see word contrary commonly understood mean diametrically different opposite character nature mutually opposed webster third new international dictionary text therefore suggests state decision must substantially different relevant precedent fourth circuit interpretation contrary clause accurately reflects textual meaning decision certainly contrary clearly established precedent state applies rule contradicts governing law set forth cases take example decision strickland washington state reject prisoner claim ineffective assistance counsel grounds prisoner established preponderance evidence result criminal proceeding different decision diametrically different opposite character nature mutually opposed clearly established precedent held strickland prisoner need demonstrate reasonable probability result proceeding different decision also contrary clearly established precedent state confronts set facts materially indistinguishable decision nevertheless arrives result different precedent accordingly either two scenarios federal unconstrained decision falls within provision contrary clause hand decision applying correct legal rule cases facts prisoner case fit comfortably within contrary clause assume example decision prisoner claim correctly identifies strickland controlling legal authority applying framework rejects prisoner claim quite clearly decision accord decision strickland legal prerequisites establishing claim even assuming federal considering prisoner habeas application might reach different result applying strickland framework difficult however describe decision diametrically different opposite character nature mutually opposed strickland clearly established precedent although decision may contrary federal conception strickland applied particular case decision mutually opposed strickland justice stevens instead construe contrary clause encompass routine decision construction however saps unreasonable application clause meaning federal habeas contrary clause issue writ whenever concludes state application clearly established federal law incorrect unreasonable application clause becomes nullity must however possible give meaning every clause statute justice stevens makes attempt also construes contrary clause manner ensures unreasonable application clause independent meaning see ante reject expansive interpretation statute reading contrary clause permit federal grant relief cases state error limited manner applies precedent suspect given logical natural fit neighboring unreasonable application clause cases fourth circuit interpretation unreasonable application clause generally correct held green decision involve unreasonable application clearly established precedent two ways first decision involves unreasonable application precedent state identifies correct governing legal rule cases unreasonably applies facts particular state prisoner case second decision also involves unreasonable application precedent state either unreasonably extends legal principle precedent new context apply unreasonably refuses extend principle new context apply see decision correctly identifies governing legal rule applies unreasonably facts particular prisoner case certainly qualify decision involv ing unreasonable application clearly established federal law indeed used almost identical phrase application law describe state application law fact certiorari question posed parties fourth circuit also held green decisions unreasonably extend legal principle precedent new context apply unreasonably refuse extend legal principle new context apply analyzed unreasonable application clause see although holding may perhaps correct classification problems precision sometimes difficult distinguish mixed question law fact question fact often difficult identify separately decisions involve unreasonable application legal principle unreasonable failure apply legal principle new context indeed one hand cases hard distinguish decision involving unreasonable extension legal principle decision involving unreasonable application law facts hand many cases also difficult distinguish decision involving unreasonable extension legal principle decision arrives conclusion opposite reached question law supra today case require us decide extension legal principle cases treated sufficient hold decision unreasonably applies law facts prisoner case federal applying may conclude decision falls within provision unreasonable application clause remains task defining exactly qualifies unreasonable application law fourth circuit held green decision involves unreasonable application clearly established federal law state applied federal law manner reasonable jurists agree unreasonable placement additional overlay unreasonable application clause erroneous difficult fault fourth circuit using language given fact employed nearly identical terminology describe related inquiry undertaken federal courts applying nonretroactivity rule teague example lambrix singletary stated new rule dictated precedent unless apparent reasonable jurists emphasis added graham collins another nonretroactivity case employed similar language stating say reasonable jurists deemed compelled accept graham claim emphasis added defining unreasonable application reference reasonable jurist however little assistance courts must apply fact may misleading stated simply federal habeas making unreasonable application inquiry ask whether state application clearly established federal law objectively unreasonable federal habeas transform inquiry subjective one resting determination instead simple fact least one nation jurists applied relevant federal law manner state habeas petitioner case reasonable jurists standard tend mislead federal habeas courts focusing attention subjective inquiry rather objective one example fifth circuit appears applied reasonable jurist standard subjective manner see drinkard johnson holding state application federal law unreasonable fifth circuit panel split underlying mixed constitutional question cert denied explained wright respect reasonable jurist standard teague context ven though characterized new rule inquiry whether reasonable jurists disagree whether result dictated precedent standard determining case establishes new rule objective mere existence conflicting authority necessarily mean rule new citation omitted term unreasonable doubt difficult define said common term legal world accordingly federal judges familiar meaning purposes today opinion important point unreasonable application federal law different incorrect application federal law opinions wright example make difference clear justice thomas criticism subsequent reliance brown turned distinction brown justice thomas contended held federal habeas must determine whether relevant adjudication resulted satisfactory conclusion quoting brown justice thomas view brown answer question whether satisfactory conclusion one habeas considered correct opposed merely reasonable emphases original separate opinion wright made distinction maintaining state incorrect legal determination never allowed stand reasonable always held federal courts even habeas independent obligation say law emphases added congress specifically used word unreasonable term like erroneous incorrect unreasonable application clause federal habeas may issue writ simply concludes independent judgment relevant decision applied clearly established federal law erroneously incorrectly rather application must also unreasonable justice stevens turns blind eye debate wright finds indication congress directly influenced justice thomas opinion wright ante justice stevens apparently recognizes however congress need mention prior decision name statute text order adopt either rule meaning given certain term decision see ante event whether congress intended codify standard review suggested justice thomas wright beside point wright important light sheds requirement federal habeas inquire reasonableness state application clearly established federal law separate opinions wright concerned issue addressed unreasonable application clause whether reviewing decision state prisoner claims federal law federal habeas ask whether decision correct simply whether reasonable justice stevens claim debate wright concerned meaning teague nonretroactivity rule simply incorrect see ante even cursory review justice thomas opinion opinion reveals broader debate specific statements refer see supra concerned precisely issue standard review employed federal habeas courts wright opinions confirm language already makes clear unreasonable application federal law different incorrect erroneous application federal law throughout discussion meaning phrase clearly established federal law determined put side statutory phrase refers holdings opposed dicta decisions time relevant decision respect clearly established federal law phrase bears slight connection teague jurisprudence one caveat whatever qualify old rule teague jurisprudence constitute clearly established federal law determined see stringer black using term old rule one caveat statutory language makes clear restricts source clearly established law jurisprudence sum places new constraint power federal habeas grant state prisoner application writ habeas corpus respect claims adjudicated merits state writ may issue one following two conditions satisfied adjudication resulted decision contrary clearly established federal law determined involved unreasonable application clearly established federal law determined contrary clause federal habeas may grant writ state arrives conclusion opposite reached question law state decides case differently set materially indistinguishable facts unreasonable application clause federal habeas may grant writ state identifies correct governing legal principle decisions unreasonably applies principle facts prisoner case iii although disagree justice stevens concerning standard must apply evaluating terry williams claims habeas agree virginia adjudication williams claim ineffective assistance counsel resulted decision contrary involved unreasonable application clearly established precedent specifically believe discussion parts iii iv correct demonstrates reasons virginia decision williams case even interpretation set forth contrary involved unreasonable application precedent first agree decision strickland undoubtedly qualifies clearly established federal law determined within meaning see ante second agree virginia decision contrary clearly established federal law extent held decision lockhart fretwell somehow modified supplanted rule set forth strickland see ante specifically virginia decision contrary strickland held defendant demonstrates prejudice showing reasonable probability counsel unprofessional errors result proceeding different virginia held contrast focus outcome determination insufficient standing alone see williams warden mecklenburg correctional center lockhart support broad proposition explained concurring opinion case vast majority cases determinative question whether reasonable probability counsel unprofessional errors result proceeding different remains unchanged quoting strickland attempt demonstrate prejudice williams rely considerations matter law inform prejudice inquiry lockhart supra concurring accordingly ably explains virginia decision contrary strickland sure chief justice notes post dissenting opinion virginia also inquire whether williams demonstrated reasonable probability trial counsel unprofessional errors result sentencing different see impossible determine however extent virginia error respect reading lockhart affected ultimate finding williams suffered prejudice example conclusion discussion whether williams demonstrated reasonable probability different outcome sentencing virginia faulted virginia circuit emphasis mere outcome determination without proper attention whether result criminal proceeding fundamentally unfair unreliable explains however see ante williams case implicate unusual circumstances present cases like lockhart nix whiteside accordingly reasons set forth lockhart concurrence emphasis outcome entirely appropriate williams case third also agree extent virginia apply strickland application unreasonable see ante correctly recounts williams trial counsel failed conduct investigation uncovered substantial amounts mitigation evidence see ante example speaking evidence concerning williams nightmarish childhood ante mitigation evidence trial counsel failed present jury showed williams parents imprisoned criminal neglect williams siblings williams severely repeatedly beaten father committed custody social services bureau two years parents incarceration including one stint abusive foster home parents released prison returned parents custody ante omitted see also ante consequence counsel failure conduct requisite diligent investigation client troubling background unique personal circumstances manifested generic unapologetic closing argument provided jury reasons spare petitioner life generally virginia circuit found williams trial counsel failed present evidence showing williams deprived abused upbringing may neglected mistreated child came alcoholic family borderline mentally retarded conduct good certain structured settings life incarcerated app addition circuit noted existence friends neighbors family williams testified redeeming qualities based consideration evidence trial judge originally found williams death sentence justified warranted concluded trial counsel deficient performance prejudiced williams accordingly recommended williams granted new sentencing hearing ibid virginia decision reveals obvious failure consider totality omitted mitigation evidence see evidence shown numerous people mostly relatives thought williams nonviolent cope well structured environment reason remaining factors discussed opinion believe virginia decision involved unreasonable application clearly established federal law determined accordingly although disagree interpretation set forth part ii justice stevens opinion join parts iii iv opinion concur judgment reversal terry williams petitioner john taylor warden writ certiorari appeals fourth circuit april chief justice rehnquist justice scalia justice thomas join concurring part dissenting part agree interpretation supp iii see ante opinion disagree decision grant habeas relief case clearly established federal law determined governs petitioner claim ineffective assistance counsel strickland washington thus must determine whether virginia adjudication contrary unreasonable application strickland generally case state applies strickland federal habeas courts proceed directly unreasonable application review according substance petitioner argument one rare cases state applied wrong precedent consequently reached incorrect result petitioner argues agrees virginia improperly held lockhart fretwell modified way supplanted rule set strickland see ante agree holding improper virginia hold rely lockhart reach decision delving evidence presented sentencing proceeding virginia stated shall demonstrate criminal proceeding sentencing defendant death fundamentally unfair unreliable prisoner assertions potential effects omitted proof establish reasonable probability result proceeding different probability sufficient undermine confidence outcome therefore ineffective assistance counsel result actual prejudice accused williams warden first part statement refers lockhart rest statement straight strickland indeed initial allusion lockhart virginia analysis explicitly proceeds strickland see virginia rely lockhart make decision instead appropriately relied strickland adjudication contrary clearly established precedent question becomes whether virginia adjudication resulted unreasonable application strickland view like virginia federal appeals assume without deciding counsel performance fell objective standard reasonableness prejudice inquiry agree appeals evidence showing petitioner presented future danger society overwhelming stated murder stone one act crime spree lasted williams life indeed jury heard evidence months following murder stone williams savagely beat elderly woman stole two cars set fire home stabbed man robbery set fire city jail confessed strong urges choke inmates break fellow prisoner jaw strickland supra said performance prejudice components ineffectiveness inquiry mixed questions law fact kind question unreasonable application clause takes meaning determination prejudice legal sense may question law subsidiary inquiries heavily factbound strong evidence petitioner continue danger society prison therefore unreasonable virginia decide jury swayed evidence demonstrating petitioner terrible childhood low iq see ante potential mitigating evidence may countered finding petitioner future danger testimony petitioner dangerous detention see ibid unreasonable assume jury viewed mitigation unconvincing upon hearing petitioner set fire cell awaiting trial murder hand repeated visions harming inmates accordingly hold habeas relief barred supp iii footnotes souter justice ginsburg justice breyer join opinion entirety justice justice kennedy join parts iii iv opinion gone dee dee stone house henry street dee dee father one else except drinking lot bed asked wanted drink told asked borrow couple dollars told started arguing things started going around head wanted get back know laid back like passed laying talking moaning went kitchen saw butcher knife want use looking something use went bathroom saw mattock picked mattock came back room laying bed laying back took mattock hit chest raised gasping breath fell side hit back mattock fell back bed went put mattock back bathroom came back room took wallet pocket three dollars got three dollars left still grasping breath app defense counsel words admit difficult ask show mercy man maybe shown much mercy doubt seriously thought much mercy stone bedroom night doubt seriously mercy highly mind walking along west green incident alberta stroud doubt seriously mercy mind took two cars belong admittedly difficult get us ask give man mercy shown little ask williams petition pending circuit virginia amended state habeas statute vest state exclusive jurisdiction award writs habeas corpus capital cases code ann supp shortly circuit held evidentiary hearing assumed jurisdiction williams petition instructed circuit issue findings fact legal recommendation regarding williams claims counsel introduce evidence petitioner background ii counsel introduce evidence petitioner abused father iii counsel introduce testimony correctional officers willing testify defendant pose danger incarcerated counsel offer prison commendations awarded williams help breaking prison drug ring returning guard wallet iv several character witnesses called testify testimony elliott respected cpa community quite important jury finally counsel introduce evidence petitioner borderline mentally retarded though found competent stand trial app specifically virginia found prejudice reasoning mitigation evidence prisoner says retrospect trial counsel discovered offered barely altered profile defendant presented jury evidence shown numerous people mostly relatives thought defendant nonviolent cope well structured environment williams virginia ignored overlooked evidence williams difficult childhood abuse limited mental capacity also unreasonable characterize additional evidence coming mostly relatives stated supra bruce elliott respected professional community several correctional officers offered testify williams behalf like virginia appeals assumed without deciding performance trial counsel fell objective standard reasonableness act congress writs habeas corpus may granted justice thereof district courts circuit judge within respective jurisdictions writ habeas corpus shall extend prisoner unless custody violation constitution laws treaties parallel provides justice thereof circuit judge district shall entertain application writ habeas corpus behalf person custody pursuant judgment state ground custody violation constitution laws treaties warden view narrower argues supp iii establishes new general rule prohibits federal courts granting habeas corpus relief basis claim state adjudicated merits merely identifies two narrow exceptions general rule state issued decision contrary unreasonable application clearly established federal law brief respondent first contrary exception view applies starkly unreasonable errors law first category thus imposes standard review far limited de novo independent plenary review judgment must thus far afield make unlawfulness state decision apparent second exception likewise replaces de novo standard reviewing mixed questions law fact standard objective reasonableness formulated appeals although explain understanding clearly established law infra note fourth circuit construction amendment inquiry respect especially problematic separates cases controlling decision exists decision exists former category includes cases since rule controlling matches case law fact cases factually distinguishable respect literal application fourth circuit test yield particularly perverse outcome cases involving strickland rule establishing ineffective assistance counsel since case established controlling rule law issue contained facts insufficient show ineffectiveness indeed congress roundly rejected amendment bill eventually adopted directly invoked text jurisdictional grant providing federal courts shall entertain application writ habeas corpus emphasis added amendment read notwithstanding provision law application writ habeas corpus behalf person custody pursuant judgment order state shall entertained unless remedies courts state inadequate ineffective test legality person detention cong rec amendment kyl emphasis added speaking kyl amendment senator specter key proponent eventual habeas reform explained dealing question jurisdiction federal courts entertain questions federal issues constitutional issues believe necessary federal courts retain jurisdiction constitutional matter statement specter unusual congress codify earlier precedent habeas context thus example exhaustion rule applied ex parte hawk per curiam abuse writ doctrine applied sanders later codified see supp iii exhaustion requirement rule rules governing cases district courts previous version stated miller fenton almost verbatim codification standards delineated townsend sain determining district must hold evidentiary hearing acting habeas petition persuaded argument congress used words clearly established law new rule meant section codify aspect doctrine executive qualified immunity rather teague antiretroactivity bar brief respondent warden refers us specifically supp iii statute many words employ new rule language familiar teague progeny congress thus knew precisely words use wished codify teague per se use words evidence argument goes something else mind entirely amending section think quite contrary verbatim adoption teague language sections bolsters impression congress teague unrelated area jurisprudence specifically mind amending habeas statute provisions seen together make impossible conclude congress fully aware interested codifying law aspect habeas doctrine assume single subsection amendment entirely devoted law habeas corpus congress made anomalous choice reaching doctrinally distinct law qualified immunity single phrase happens conceptual twin dominant principle habeas law congress fully aware judge easterbrook noted statute surely require kind deference appropriate contexts tell us defer state decisions constitution means one thing wisconsin another indiana tell us treat state courts way treat federal administrative agencies deference fashion chevron natural resources defense council depends delegation see adams fruit barrett congress delegate interpretive executive power state courts exercise powers domestic law constrained constitution deference jurisdictions bound constraints sensible lindh murphy en banc rev grounds advances three reasons adopting alternative construction phrase unreasonable application first use word unreasonable statute suggests congress directly influenced patently unreasonable standard advocated justice thomas opinion wright west post second legislative history supports view see post third congress must intended change law substantially reading supp iii permits none reasons persuasive first even though recognizes term unreasonable difficult define post neither statute explanation suggests aedpa unreasonable application meaning justice thomas patently standard mentioned dictum wright brennan dissenting extent broader debate wright touched upon novel distinction today wrong unreasonable context discussion standard review habeas courts use questions whether rule new old teague retroactivity rule bar habeas relief justice thomas contended teague barred habeas whenever state courts interpreted old precedents reasonably justice suggested done properly teague course justice correctly pointed establish standard review rather instructing review claim simply asks absolute terms whether rule clear time decision thus think wright confirms anything meaning division reflects anything clear post bases justice view two specific citations legislative history upon relies post beg question one merely quotes language statute without elaboration goes slightly greater length stating judgments must upheld unless unreasonable neither sheds light content hypothetical category decisions wrong nevertheless unreasonable finally certainly agree post aedpa wrought substantial changes habeas law see supra see also supp iii strictly limiting second successive petitions statute limitations habeas petitions limiting availability evidentiary hearings habeas strict deadlines habeas rulings obvious fallacy assumption statute changed law respects must rendered specific change see mackey felker turpin souter concurring indeed contrary rule substantial tension interest uniformity served congress modification aedpa previous teague jurisprudence law habeas review must clearly established alone see supra thus seem somewhat perverse ascribe congress entirely inconsistent policy perpetuating disparate readings decisions guise deference anything within conceivable spectrum reasonableness lowenfield phelps held aggravating circumstance may duplicate element capital offense class defendants sufficiently narrowed definition offense perry lockhart eighth circuit correctly decided decision lowenfield required overrule collins prejudice component strickland test implicate concerns focuses question whether counsel deficient performance renders result trial unreliable proceeding fundamentally unfair concurring opinion lockhart justice stressed precise point write separately point today decision vast majority cases effect prejudice inquiry strickland washington determinative question whether reasonable probability counsel unprofessional errors result proceeding different remains unchanged case however concerns unusual circumstance defendant attempts demonstrate prejudice based considerations matter law inform inquiry juvenile records contained following description home home complete wreck several places floor someone bowel movement urine standing several places bedrooms dirty dishes scattered kitchen impossible step place kitchen floor trash children dirty none noah lula intoxicated find clothes children able put clothes children put winslow hospital four time definitely influence whiskey app footnotes kennedy joins opinion entirety chief justice justice thomas join opinion respect part ii justice scalia joins opinion respect part ii except infra legislative history also supports interpretation see cong rec remarks specter nder bill deference owed state courts decisions application federal law facts unless unreasonable state decision applying law facts upheld cong rec remarks hatch allow federal overturn state decision contrary clearly established federal law involves unreasonable application clearly established federal law facts footnotes analyzing evidence presented sentencing jury virginia stated drawing strickland hold even assuming challenged conduct counsel unreasonable prisoner suffered insufficient prejudice warrant setting aside death sentence quoting strickland washington hat said strickland applies full force given overwhelming aggravating factors reasonable probability omitted evidence changed conclusion aggravating circumstances outweighed mitigating circumstances hence sentence imposed quoting strickland supra conclusion employing language strickland prisoner made showing justice sentence rendered unreliable breakdown adversary process caused deficiencies counsel assistance prisoner sentencing proceeding fundamentally unfair quoting strickland supra