cullen acting warden pinholster argued november decided april california jury convicted respondent pinholster two counts murder penalty phase jury prosecution produced eight witnesses testified pinholster history threatening violent behavior pinholster trial counsel unsuccessfully sought exclude aggravating evidence ground prosecution given pinholster proper notice california law called pinholster mother counsel call psychiatrist though consulted stalberg diagnosed pinholster antisocial personality disorder jury recommended death penalty pinholster sentenced death pinholster twice sought habeas relief california alleging inter alia trial counsel failed adequately investigate present mitigating evidence penalty phase introduced additional evidence support claim school medical legal records declarations family members one trial attorneys woods psychiatrist diagnosed bipolar mood disorder seizure disorders criticized stalberg report time state unanimously summarily denied claim merits subsequently federal district held evidentiary hearing granted pinholster federal habeas relief affirming en banc ninth circuit considered new evidence adduced district hearing held state decision involved unreasonable application clearly established federal law held review limited record state adjudicated claim merits pp amended antiterrorism effective death penalty act aedpa sets several limits federal power grant habeas relief state prisoner relevant claim adjudicated merits state proceedings shall granted unless adjudication resulted decision contrary involved unreasonable application clearly established federal law resulted decision based unreasonable determination facts light evidence presented state proceeding difficult meet harrington richter deferential standard demands decisions given benefit doubt woodford visciotti section language resulted involved requires examination decision time made follows record review also limited record existence time record understanding compelled broader context statute whole demonstrates congress intent channel prisoners claims first state courts robinson shell oil also consistent precedents emphasize review focuses state knew see lockyer andrade moreover consistent schriro landrigan explained federal habeas required hold evidentiary hearing record precludes habeas relief limitations ninth circuit wrongly interpreted williams taylor holland jackson supporting contrary view pp holding render superfluous limits federal habeas courts discretion take new evidence evidentiary hearing minimum still restricts discretion claims adjudicated merits state although state prisoners may sometimes submit new evidence federal aedpa statutory scheme designed strongly discourage pp remand properly limited review inappropriate ninth circuit ruled alternative pinholster merited habeas relief record alone record state pinholster entitled federal habeas relief pp satisfy unreasonable application prong must show reasonable basis state summary decision richter supra pp strickland washington provides clearly established federal law overcome strong presumption counsel acted competently defendant must show counsel failed act reasonabl considering circumstances must prove reasonable probability counsel unprofessional errors result proceeding different review thus doubly deferential knowles mirzayance requiring highly deferential look counsel performance strickland supra deferential lens mirzayance supra pp pinholster shown state decision demonstrate deficient performance trial counsel necessarily involved unreasonable application federal law pp record supports idea counsel acted strategically get prosecution aggravation witnesses excluded lack notice failed put mother mitigation witness billing records show spent time investigating mitigating evidence record also shows unsympathetic client boasted criminal history guilt phase leaving limited mitigation strategies addition stalberg concluded pinholster significant mental disorder defect aware pinholster medical social history given impediments reasonable strategy focus evoking sympathy pinholster mother pinholster responded handful nondenials one lawyers pp ninth circuit misapplied strickland drew recent cases constitutional duty investigate principle prima facie ineffective counsel abandon investigation based rudimentary knowledge pinholster background beyond general requirement reasonableness specific guidelines appropriate strickland ninth circuit properly apply strong presumption competence mandated strickland pp even trial counsel performed deficiently pinholster also failed show state must unreasonably concluded prejudiced pp determine whether reasonable probability absent errors sentencer concluded death warranted strickland supra aggravating evidence reweighed totality available mitigating evidence wiggins smith state presented extensive aggravating evidence guilt penalty phases mitigating evidence consisted primarily testimony pinholster mother testimony given brother considering evidence jury returned sentence death state trial found supported overwhelmingly weight evidence pp reasonable probability additional evidence presented pinholster state proceedings changed verdict new evidence largely duplicated mitigation evidence mother brother trial extent new factual allegations evidence much questionable mitigating value woods testimony opened door rebuttal state expert new evidence relating pinholster substance abuse mental illness criminal problems lead jury conclude beyond rehabilitation remaining new material state habeas record sparse given little additional mitigating evidence pinholster presented state habeas say state determination unreasonable pp apply aedpa deference question prejudice williams taylor rompilla beard cases lack important doubly deferential standard strickland aedpa thus offer guidance respect whether state unreasonably determined prejudice lacking pp reversed thomas delivered opinion roberts scalia kennedy joined full alito joined part ii breyer joined parts ii ginsburg kagan joined part ii alito filed opinion concurring part concurring judgment breyer filed opinion concurring part dissenting part sotomayor filed dissenting opinion ginsburg kagan joined part ii vincent cullen acting warden petitioner scott lynn pinholster writ certiorari appeals ninth circuit april justice thomas delivered opinion scott lynn pinholster two accomplices broke house middle night brutally beat stabbed death two men happened interrupt burglary jury convicted pinholster murder sentenced death california twice unanimously denied pinholster habeas relief federal district held evidentiary hearing granted pinholster habeas relief district concluded pinholster trial counsel constitutionally ineffective penalty phase trial sitting en banc appeals ninth circuit affirmed pinholster ayers considering new evidence adduced district hearing appeals held california decision contrary involved unreasonable application clearly established federal law granted certiorari reverse evening january pinholster solicited art corona paul david brown help rob michael kumar local drug dealer way stopped lisa tapar house pinholster put buck knife front door scratched swastika car refused talk three men armed buck knives found one kumar house broke began ransacking home came across small amount marijuana kumar friends thomas johnson robert beckett arrived shouted calling police pinholster accomplices tried escape rear door johnson blocked path pinholster backed johnson onto patio demanding drugs money repeatedly striking chest johnson dropped wallet ground stopped resisting beckett came around corner pinholster attacked stabbing repeatedly chest pinholster forced beckett ground took men wallets began kicking beckett head meanwhile brown stabbed johnson chest ing knife hilt reporter tr hereinafter johnson beckett died wounds corona drove three men pinholster apartment car pinholster brown exulted got man got good ibid apartment pinholster washed knife three split proceeds robbery one marijuana although pinholster instructed corona lay low corona turned police two weeks later pinholster arrested shortly thereafter threatened kill corona keep quiet burglary murders corona later became state primary witness prosecution brought numerous charges pinholster including two counts murder california trial appointed harry brainard wilbur dettmar defend pinholster charges murder robbery burglary appointment pinholster rejected attorneys insisted representing time state mailed pinholster letter jail informing prosecution planned offer aggravating evidence penalty phase trial support sentence death guilt phase trial began february pinholster testified behalf presented alibi defense claimed broken kumar house alone around january stolen marijuana denied killing anyone pinholster asserted later night around elsewhere corona went kumar house steal drugs return three hours pinholster told jury professional robber murderer boasted committing hundreds robberies previous six years insisted always used gun never knife jury convicted pinholster counts murder penalty phase brainard dettmar moved exclude aggravating evidence ground prosecution failed provide notice evidence introduced required cal penal code ann west hearing april dettmar argued reliance lack notice presently prepared offer anything way mitigation tr acknowledged however prosecutor possibly ha met notice requirement ibid trial asked whether continuance might helpful dettmar declined explaining think mitigation witness pinholster mother additional time make great deal difference three days later hearing testimony found pinholster received notice representing denied motion exclude penalty phase held jury convicted pinholster prosecution produced eight witnesses testified pinholster history threatening violent behavior including resisting arrest assaulting police officers involvement juvenile gangs substantial prison disciplinary record defense counsel called pinholster mother burnice brashear gave account pinholster troubled childhood adolescent years discussed pinholster siblings described pinholster perfect gentleman home defense counsel call psychiatrist though consulted john stalberg least six weeks earlier stalberg noted pinholster psychopathic personality traits diagnosed antisocial personality disorder concluded influence extreme mental emotional disturbance time murders app days deliberation jury unanimously voted death two murder counts mandatory appeal california affirmed judgment people pinholster cal august pinholster filed first state habeas petition represented new counsel pinholster alleged inter alia ineffective assistance counsel penalty phase trial alleged brainard dettmar failed adequately investigate present mitigating evidence including evidence mental disorders pinholster supported claim school medical legal records well declarations family members brainard george woods psychiatrist diagnosed pinholster bipolar mood disorder seizure disorders woods criticized stalberg report incompetent unreliable inaccurate california unanimously denied pinholster claim substantive ground without merit app pet cert pinholster filed federal habeas petition april reiterated previous allegations ineffective assistance also added new allegations trial counsel failed furnish stalberg adequate background materials support new allegations stalberg provided declaration stating pinholster trial counsel provided police reports probation report stalberg explained known material since gathered pinholster habeas counsel conducted inquiry concluding pinholster suffered personality disorder app brief opposition noted pinholster school records showed evidence degree brain damage ibid stalberg however retract earlier diagnosis parties stipulated declaration never submitted california federal petition held abeyance allow pinholster go back state august pinholster filed second state habeas petition time including stalberg declaration requesting judicial notice documents previously submitted support first state habeas petition allegations ineffective assistance counsel mirrored federal habeas petition california unanimously summarily denied petition substantive ground without merit app pet cert presented stalberg declaration state pinholster returned district november filed amended petition writ habeas corpus allegations ineffective assistance counsel identical second state habeas petition parties moved summary judgment pinholster also moved alternative evidentiary hearing district concluded antiterrorism effective death penalty act aedpa stat apply granted evidentiary hearing hearing state deposed stalberg stated none new material reviewed altered original diagnosis stalberg disagreed woods conclusion pinholster suffers bipolar disorder pinholster call stalberg testify hearing presented two new medical experts sophia vinogradov psychiatrist diagnosed pinholster organic personality syndrome ruled antisocial personality disorder donald olson pediatric neurologist suggested pinholster suffers partial epilepsy brain injury state called david rudnick psychiatrist like stalberg diagnosed pinholster antisocial personality disorder rejected diagnosis bipolar disorder district granted habeas relief applying standards granted habeas petition inadequacy counsel failure investigate present mitigation evidence penalty hearing app pet cert woodford garceau clarified aedpa applies cases like pinholster amended order alter conclusion dissent panel appeals ninth circuit reversed pinholster ayers rehearing en banc appeals vacated panel opinion affirmed district grant habeas relief en banc held district evidentiary hearing barred determined new evidence hearing considered assessing whether california decision contrary involved unreasonable application clearly established federal law see congress intend restrict inquiry evidence introduced state habeas taking district evidence account en banc determined california unreasonably applied strickland washington denying pinholster claim ineffective assistance counsel three judges dissented rejected majority conclusion district hearing barred opinion kozinski characterizing pinholster efforts limiting review record dissent concluded california unreasonably apply strickland granted certiorari resolve two questions first whether review permits consideration evidence introduced evidentiary hearing federal habeas second whether appeals properly granted pinholster habeas relief claim ineffective assistance counsel ii first consider scope record inquiry state argues review limited record state adjudicated claim merits pinholster contends evidence presented federal habeas may also considered agree state amended aedpa sets several limits power federal grant application writ habeas corpus behalf state prisoner section permits federal entertain applications alleging person state custody violation constitution laws treaties sections provide federal may grant applications unless certain exceptions applicant exhausted state remedies application includes claim adjudicated merits state proceedings additional restriction applies application shall granted respect claim unless adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined resulted decision based unreasonable determination facts light evidence presented state proceeding difficult meet harrington richter slip highly deferential standard evaluating rulings demands decisions given benefit doubt woodford visciotti per curiam citation internal quotation marks omitted petitioner carries burden proof hold review limited record state adjudicated claim merits section refers past tense adjudication resulted decision contrary involved unreasonable application established law language requires examination decision time made follows record review limited record existence record state understanding text compelled broader context statute whole demonstrates congress intent channel prisoners claims first state courts robinson shell oil federal habeas scheme leaves primary responsibility state courts visciotti supra section requires prisoners must ordinarily exhaust state remedies filing federal habeas relief contrary purpose allow petitioner overcome adverse decision new evidence introduced federal habeas reviewed first instance effectively de novo limiting review record consistent precedents interpreting statutory provision cases emphasize review focuses state knew decisions measured precedents time state renders decision lockyer andrade determine whether particular decision contrary law federal must consider whether decision applies rule contradicts law decision confronts set facts state williams taylor terry williams decision identifies correct governing legal principle existence time federal must assess whether decision unreasonably applies principle facts prisoner case strange ask federal courts analyze whether state adjudication resulted decision unreasonably applied federal law facts state recent decision schriro landrigan consistent well holding explained ecause deferential standards prescribed control whether grant habeas relief federal must take account standards deciding whether evidentiary hearing appropriate practical effect went note means record precludes habeas relief limitations district required hold evidentiary hearing citing approval ninth circuit recognition evidentiary hearing required issues resolved reference state record internal quotation marks omitted appeals wrongly interpreted williams taylor michael williams supporting contrary view question whether lower correctly determined barred petitioner request federal evidentiary michael williams concern whether evidence introduced hearing considered fact one claim issue case even subject rest adjudicated merits proceedings see petitioner develop raise claims filed federal habeas petition anything decision michael williams supports holding lower case determined one claim subject satisfy statutory requirement light ruling concluded unnecessary reach question whether permit federal hearing th claim conclusion fully consistent holding evidence later introduced federal irrelevant review appeals reliance holland jackson per curiam also mistaken holland initially stated whether state decision unreasonable must assessed light record went assume sake argument courts appeals heldthat despite mandatory language simply apply federal habeas admitted new evidence supports claim previously adjudicated state reason decide question regardless hearing barred today reject assumption hold evidence introduced federal bearing review claim adjudicated merits state federal habeas petitioner must overcome limitation record state pinholster contention holding renders superfluous incorrect section imposes limitation discretion federal habeas courts take new evidence evidentiary hearing see landrigan supra noting district courts aedpa generally retain discretion grant evidentiary hearing like carries aedpa goal promoting comity finality federalism giving state courts first opportunity review claim correct constitutional violation first instance jimenez quarterman slip internal quotation marks omitted section continues force bar federal habeas relief example federal habeas claims state prisoners fall within scope applies claims adjudicated merits state proceedings minimum therefore still restricts discretion federal habeas courts consider new evidence deciding claims adjudicated merits state see michael williams although state prisoners may sometimes submit new evidence federal aedpa statutory scheme designed strongly discourage provisions like ensure ederal courts sitting habeas alternative forum trying facts issues prisoner made insufficient effort pursue state proceedings see also richter slip section part basic structure federal habeas jurisdiction designed confirm state courts principal forum asserting constitutional challenges state convictions wainwright sykes state trial merits event speak rather road later determinative federal habeas hearing accordingly conclude appeals erred considering district evidence review although might ordinarily remand properly limited review appeals also ruled alternative pinholster merited habeas relief even record alone remand therefore inappropriate turn next review record iii appeals alternative holding also erroneous pinholster failed demonstrate california unreasonably applied clearly established federal law claim record section prohibits habeas relief section applies pinholster claim claim adjudicated merits proceedings party disputes pinholster federal petition alleges claim included pinholster state habeas petitions california denied petitions substantive ground without merit section applies even summary denial see richter slip circumstances pinholster satisfy unreasonable application prong showing reasonable basis california decision slip habeas must determine arguments theories supporte state decision must ask whether possible fairminded jurists disagree arguments theories inconsistent holding prior decision slip thorough review conclude pinholster failed meet high threshold dispute clearly established federal law strickland washington strickland made clear purpose effective assistance guarantee sixth amendment improve quality legal representation simply ensure criminal defendants receive fair trial thus benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result emphasis added acknowledged countless ways provide effective assistance given case ven best criminal defense attorneys defend particular client way recognizing tempt ation defendant counsel assistance conviction adverse sentence established counsel strongly presumed rendered adequate assistance made significant decisions exercise reasonable professional judgment overcome presumption defendant must show counsel failed act reasonabl considering circumstances cautioned availability intrusive inquiry attorney performance detailed guidelines evaluation encourage proliferation ineffectiveness challenges also required defendants prove prejudice defendant must show reasonable probability counsel unprofessional errors result proceeding different reasonable probability probability sufficient undermine confidence outcome ibid requires substantial conceivable likelihood different result richter slip review california decision thus doubly deferential knowles mirzayance slip citing yarborough gentry per curiam take highly deferential look counsel performance strickland supra deferential lens mirzayance supra slip pinholster must demonstrate necessarily unreasonable california conclude overcome strong presumption competence failed undermine confidence jury sentence death pinholster shown california decision demonstrate deficient performance trial counsel necessarily involved unreasonable application federal law arguing state counsel performed deficiently pinholster contended pursued presented additional evidence family members criminal mental substance abuse problems schooling medical mental health history including epileptic disorder support allegation trial counsel reasonable tactical basis approach took pinholster relied statements counsel made trial app brief opposition arguing motion exclude state aggravating evidence penalty phase failure comply cal penal code ann dettmar one pinholster counsel contended state provide notice presently prepared offer anything way mitigation tr response trial inquiry whether continuance might helpful dettmar noted mitigation witness think pinholster mother additional time dettmar stated make great deal difference begin premise circumstances challenged action might considered sound trial strickland supra internal quotation marks omitted appeals dissent described one possible strategy pinholster attorneys fully aware deal mitigation sometime course trial spend considerable time effort investigating avenues mitigation made reasoned professional judgment best way serve client rely fact never got required notice hope judge bar state putting aggravation witnesses opinion kozinski motion denied counsel prepared present pinholster mother penalty phase create sympathy pinholster mother mitigation defense known defense bar california time used attorneys rather displaying neglect presume dettmar arguments part trial strategy see gentry supra strong presumption counsel took certain actions tactical reasons rather sheer neglect citing strickland supra record supports idea pinholster counsel acted strategically get prosecution aggravation witnesses excluded lack notice failed put pinholster mother statements made argument regarding motion exclude suggest defense counsel trying take advantage legal technicality truly surprised brainard dettmar acknowledged prosecutor invited numerous occasions review pinholster state prison file argued invitation meet strict demands tr dettmar admitted prosecutor thorough possibly ha met requirement wanted make representation ibid timesheets indicate pinholster trial counsel investigated mitigating long guilty verdict dettmar talked pinholster mother contacted february two months penalty phase started billed six hours reparation argument death penalty phase see clerk tr brainard merely assisted dettmar penalty phase researched epilepsy also interviewed pinholster know brainard likely spent additional time reflected entries preparing pinholster brother terry provided mitigation testimony pinholster background guilt phase infra record also shows pinholster counsel confronted challenging penalty phase unsympathetic client limited feasible mitigation strategies end guilt phase jury observed pinholster glor criminal disposition hundreds robberies pinholster cal pinholster laughed smirked told jury occupation crook asked whether threatened potential witness described thwarting police efforts recover gun used tr bragged professional robber support defense pinholster claimed used gunsnot knivesto commit crimes pinholster admitted previously convicted using knife kidnaping pinholster also said white supremacist frequently carved swastikas people property sideline robbery trial counsel psychiatric expert stalberg concluded pinholster showed significant signs symptoms mental disorder defect psychopathic personality traits app stalberg aware pinholster hyperactivity youngster hospitalization age incorrigibility alleged epileptic disorder history drug dependency nevertheless stalberg told counsel pinholster appear suffer brain damage significantly intoxicated impaired night question impaired ability appreciate criminality conduct given impediments reasonable strategy focus evoking sympathy pinholster mother fact family sympathy defense precisely state understood defense counsel strategy prosecutor carefully opened pinholster mother hope understand enjoy mother anybody tr closing argument prosecutor attempted undercut defense counsel strategy pointing even heinous person born even adolph hitler probably mother loved pinholster response evidence series declarations brainard submitted pinholster first state habeas petition seven years trial brainard declares recollection interviewing family members pinholster mother regarding testimony attempting secure pinholster school medical records interviewing former teachers counselors pet writ habeas corpus cal exh brainard also declares dettmar primarily responsible mental health issues case recollection dettmar ever secured pinholster medical records exh dettmar neither confirmed denied brainard statements died time first state habeas petition kozinski dissenting sum brainard dettmar made statements suggesting surprised state intended put aggravating evidence billing records show spent time investigating mitigating evidence record demonstrates represented psychotic client whose performance trial hardly endeared jury pinholster responded evidence handful nondenials one lawyers california reasonably concluded pinholster failed rebut presumption competence mandated strickland counsel adequately performed penalty phase trial appeals held california unreasonably applied strickland pinholster attorneys ere far deficient attorneys terry williams wiggins smith rompilla beard case upheld petitioner ineffective assistance claim drew cases constitutional duty investigate principle prima facie ineffective assistance counsel investigation petitioner background acquired rudimentary knowledge history narrow set sources ibid quoting wiggins smith explained lightly disregard failure introduce evidence excruciating life history nightmarish childhood internal quotation marks omitted appeals misapplied strickland overlooked constitutionally protected independence counsel wide latitude counsel must making tactical decisions beyond general requirement reasonableness specific guidelines appropriate particular set detailed rules counsel conduct satisfactorily take account variety circumstances faced defense counsel range legitimate decisions strickland rejected notion investigation required every case ounsel duty make reasonable investigations make reasonable decision makes particular investigations unnecessary emphasis added constitutionally competent representation require one technique approach richter slip appeals erred attributing strict rules recent case appeals properly apply strong presumption competence strickland mandates dismissed dissent application presumption fabricat ing excuse attorneys conjure strickland specifically commands must indulge strong presumption counsel made significant decisions exercise reasonable professional judgment appeals required simply give attorneys benefit doubt affirmatively entertain range possible reasons pinholster counsel may proceeding kozinski dissenting see also richter supra slip strickland calls inquiry objective reasonableness counsel performance counsel subjective state mind justice sotomayor questions whether reasonable professional judgment pinholster trial counsel adopt mitigation defense post cites evidence however approach inconsistent standard professional competence capital cases prevailed los angeles indeed contest time defense bar california using strategy see supra post justice sotomayor relies heavily wiggins case defendant trial counsel specifically acknowledged standard practice capital cases maryland inconsistent done bottom justice sotomayor view grounded little sense prudence post internal quotation marks omitted appears belief reasonable mitigation strategy capital cases help jury understand defendant post according justice sotomayor pinholster unsympathetic client compound ed rather excuse counsel deficiency pursuing evidence explain pinholster way post certainly reasonable attorneys conclude creating sympathy defendant family better idea defendant simply unsympathetic justice sotomayor approach flatly inconsistent strickland recognition countless ways provide effective assistance given case comes point defense attorney reasonably decide another strategy order thus mak ing particular investigations unnecessary cf kozinski dissenting current infatuation defendant mitigation disregards possibility may wrong tactic cases experienced lawyers conclude jury simply wo buy decisions due heavy measure deference strickland supra california reasonably concluded pinholster counsel made reasoned decision case recently reiterated urmounting strickland high bar never easy task richter supra slip quoting padilla kentucky slip strickland standard must applied scrupulous care richter supra slip appeals even trial counsel performed deficiently pinholster also failed show california must unreasonably concluded pinholster prejudiced question whether reasonable probability absent errors sentencer concluded balance aggravating mitigating circumstances warrant death strickland supra therefore reweigh evidence aggravation totality available mitigating evidence wiggins supra turn first aggravating mitigating evidence sentencing jury considered see strickland supra hearing ineffectiveness claim must consider totality evidence judge jury jury heard guilt penalty phases instructed consider evidence presented cf visciotti noting state habeas correctly considered mitigating evidence introduced guilt phase state presented extensive aggravating evidence already discussed jury watched pinholster revel extensive criminal history supra penalty phase state presented evidence pinholster threatened kill state lead witness assaulted man straight razor kidnaped another person knife state showed pinholster history violent outbursts including striking threatening bailiff proceeding age breaking wife resisting arrest faking seizures assaulting spitting police officers jury also heard pinholster involvement juvenile gangs substantial disciplinary record county state jails threatened assaulted thrown urine guards fought inmates jail pinholster segregated time due propensity violence placed special disciplinary diet reserved disruptive inmates tr mitigating evidence consisted primarily testimony pinholster mother brashear gave detailed account pinholster troubled childhood adolescence early childhood quite difficult family lots money young pinholster suffered two serious head injuries first age run car age went windshield car accident pinholster stepfather moved abusive nearly pinholster always struggled school disruptive kindergarten failing first grade got fights run classroom third grade pinholster teacher suggested child following tests clinic pinholster sent school educationally handicapped children performance improved age psychiatrists recommended pinholster sent mental institution although go pinholster continued initiate fights brothers act like robin hood around neighborhood tealing rich giving poor brashear thought omething working right age pinholster living boy homes juvenile halls spent six months state mental institution emotionally handicapped children time pinholster county jail beaten badly brashear suspected beating caused pinholster epilepsy prescribed medication stint state prison pinholster returned home acted unusual trouble readjusting life pinholster siblings basically good children although get trouble brother terry arrested drunk driving sister tammy public intoxication tammy also arrested drug possession wild ibid pinholster eldest brother alvin died fugitive california addition brashear testimony pinholster previously presented mitigating evidence guilt phase brother terry terry testified pinholster less institutions life suffered epilepsy less drunk night murders considering aggravating mitigating evidence jury returned sentence death state trial found jury determination supported overwhelmingly weight evidence added factors aggravation beyond reasonable doubt outweigh mitigation clerk tr reasonable probability additional evidence pinholster presented state habeas proceedings changed jury verdict new evidence largely duplicated mitigation evidence trial school medical records basically substantiate testimony pinholster mother brother declarations pinholster siblings support mother testimony stepfather abusive explain pinholster beaten fists belts even wooden boards extent state habeas record includes new factual allegations evidence much questionable mitigating value pinholster called woods testify consistently psychiatric report pinholster opened door rebuttal state expert see wong belmontes per curiam slip taking account certain mitigating evidence exposed petitioner aggravating evidence new evidence relating pinholster familytheir serious substance abuse mental illness criminal problems see post also means clearly mitigating jury might concluded pinholster simply beyond rehabilitation cf atkins virginia recognizing mitigating evidence sword juries might find show future dangerousness remaining new material state habeas record sparse learn pinholster brother alvin died suicide drug overdose passing references pinholster drug dependency according stalberg pinholster school records apparently evidenced degree brain damage app brief opposition mostly new details pinholster childhood pinholster apparently looked like biological father grandparents loathed pet writ habeas corpus cal exh accordingly whenever grandparents spanked disciplined kids pinholster always got worst ibid pinholster mostly unsupervised get much love mother stepfather always working concerned lives welfare kids neither parent seemed concerned pinholster schooling finally pinholster aunt saw children mixing flour water make something eat although ost meals consisted canned spaghetti foods ilk given little additional mitigating evidence pinholster presented state habeas say california determination unreasonable already heard much included state habeas record jury returned sentence death moreover new testimony likely undercut mitigating value testimony pinholster mother new material thus significant even assuming pinholster trial counsel performed deficiently necessarily unreasonable california conclude pinholster failed show substantial likelihood different sentence richter slip citing strickland deficiency appeals found case materially indistinguishable terry williams rompilla beard apply aedpa deference question prejudice cases lack important doubly deferential standard strickland aedpa see terry williams reviewing decision apply correct legal standard rompilla supra reviewing strickland prejudice de novo decision reach question cases therefore offer guidance respect whether state unreasonably determined prejudice lacking said time unreasonable application federal law different incorrect application federal law richter supra slip internal quotation marks omitted even appeals might reached different conclusion initial matter unreasonable application precedent california conclude pinholster establish judgment appeals ninth circuit reversed ordered vincent cullen acting warden petitioner scott lynn pinholster writ certiorari appeals ninth circuit april justice alito concurring part concurring judgment although concur judgment agree conclusion reached part dissent namely evidentiary hearing properly held federal review must take account evidence admitted hearing dissent points refusing consider evidence received hearing federal gives implausibly narrow scope lead either results congress surely intend distortion provisions antiterrorism effective death penalty act aedpa stat law cause prejudice see post opinion sotomayor aedpa evidentiary hearings federal rare petitioner generally must made diligent effort produce state new evidence seeks rely see williams taylor requirement satisfied petitioner may establish factual predicate claim hearing among things facts underlying claim sufficient establish clear convincing evidence constitutional error reasonable factfinder found applicant guilty underlying offense even petitioner satisfy diligence standard adopted williams taylor supra hearing held federal unless new evidence petitioner seeks introduce offered proceeding section bars hearing certain situations mean hearing allowed situations see schriro landrigan whole thrust aedpa essentially reserve federal habeas relief cases state courts acted unreasonably see permitting petitioner obtain federal habeas relief basis evidence offered state upset scheme case essentially reasons set dissent appeals en banc decision see pinholster ayers opinion kozinski hold hearing held respondent diligently present new evidence california courts join part ii opinion agree decision state represented reasonable application clearly established precedent light record vincent cullen acting warden petitioner scott lynn pinholster writ certiorari appeals ninth circuit april justice sotomayor justice ginsburg justice kagan join part ii dissenting habeas petitioners unable develop basis claims state fault congress recognized much enacted antiterrorism effective death penalty act aedpa stat permitted therein introduction new evidence federal habeas certain limited circumstances see novel interpretation however federal courts must turn blind eye new evidence deciding whether petitioner satisfied threshold obstacle federal habeas relief even clear petitioner entitled relief light evidence reading statute compe harsh result ante ignores key textual difference discards previous understanding precedents new evidence fact inform inquiry therefore dissent first holding also disagree even analysis limited record respondent scott pinholster failed demonstrate california decision denying claim unreasonable application strickland washington reason majority decide whether analysis limited record pinholster satisfied either record first holds determining whether decision unreasonable application precedent review limited record state adjudicated claim merits ante new evidence adduced federal evidentiary hearing irrelevant determining whether petitioner satisfied holding unnecessary aedpa purposes inconsistent provision text structure statute precedents understand significance majority holding important view issue context aedpa entire structure gives state courts opportunity decide factual legal questions first instance ensures evidentiary hearings federal habeas proceedings rare see king cheesman ostrom final technical report habeas litigation district courts evidentiary hearings aedpa occur percent noncapital cases percent capital cases even absent new restriction created today holding aedpa erects multiple hurdles state prisoner ability introduce new evidence federal habeas proceeding first nder exhaustion requirement habeas petitioner challenging state conviction must first attempt present claim state harrington richter slip see also certain narrow exceptions federal courts consider claim let alone accept new evidence relevant claim exhausted state exhaustion requirement thus reserves state courts first opportunity resolve factual disputes relevant state prisoner claim see boerckel second exhaustion requirement complement ed standards set forth harrington slip provision federal may grant habeas relief claim adjudicated merits state proceedings unless adjudication resulted decision contrary involved unreasonable application clearly established federal law determined resulted decision based unreasonable determination facts light evidence presented state proceeding standards control whether grant habeas relief schriro landrigan accordingly said factual allegations petitioner seeks prove evidentiary hearing satisfy standards reason hearing see case district may exercise discretion deny evidentiary hearing ibid see also infra approach makes eminent sense district courts held evidentiary hearings without first asking whether evidence petitioner seeks present satisfy aedpa demanding standards needlessly prolong federal habeas proceedings third even petitioner seeks introduce new evidence entitle relief aedpa prohibits except narrow range cases unless made reasonable attempt light information available time investigate pursue claims state williams taylor michael williams thus provides applicant failed develop factual basis claim state proceedings shall hold evidentiary hearing claim unless applicant shows claim relies new rule constitutional law made retroactive cases collateral review previously unavailable ii factual predicate previously discovered exercise due diligence facts underlying claim sufficient establish clear convincing evidence constitutional error reasonable factfinder found applicant guilty underlying offense michael williams construed opening clause provision triggers bar evidentiary hearings apply lack diligence greater fault attributable prisoner prisoner counsel aedpa thus bars evidentiary hearing nondiligent petitioner unless petitioner satisfy petitioners section way incentivizes state petitioners develop factual basis claims state limited extent federal evidentiary hearings available aedpa ensure petitioners diligently developed factual basis claims state discovered new evidence proceeding return state retain ability access great writ see ante alito concurring part concurring judgment congress codified new rules governing previously judicially managed area law without losing sight fact habeas corpus plays vital role protecting constitutional rights holland florida slip quoting slack mcdaniel allowing petitioner introduce new evidence hearing limited circumstance permitted upset balance congress struck aedpa state federal courts construing work provisions aedpa majority subverted congress careful balance responsibilities also created unnecessarily set procedural complexities lower courts majority interpretation finds support provision text statute structure whole section requires district courts ask whether adjudication merits resulted decision contrary involved unreasonable application clearly established federal law determined provision uses language verbs majority believes limits review record ante use language unlike expressly directs district courts base review evidence presented state proceeding use past tense sufficient indicate congress intent restrict analysis record phrase light evidence presented state proceeding superfluous majority construction fails give meaning congress decision include language referring evidence presented state cf bates congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion internal quotation marks brackets omitted ignoring usual reluctan ce treat statutory terms surplusage setting trw andrews internal quotation marks omitted majority characterizes phrase appearing mere clarifying language ante speculates omission clarifying language likely reflects congress belief language unnecessary anything else ante argument phrase merely clarifying might force however congress included phrase two provisions requires review state determination facts logically depends facts presented state provision needs less clarification point telling congress included phrase elected exclude unlike colleagues majority refuse assume congress simply engaged sloppy drafting inclusion phrase coupled omission partner provision provides strong reason think congress intend analysis limited categorically evidence presented state proceeding context statute whole ante quoting robinson shell oil reinforces conclusion particular congress decision include aedpa provision permits federal evidentiary hearings certain circumstances provides evidence congress intend limit inquiry record every case long recognized diligent habeas petitioners unable develop facts supporting claims state discussed enacting aedpa congress generally barred evidentiary hearings petitioners exercise diligence pursuing claims state michael williams see also importantly impose express limit evidentiary hearings petitioners diligent state see statute equate prisoners exercise diligence pursuing claims petitioners congress left decision hold hearing sound discretion district courts landrigan faced situations diligent petitioner offers additional evidence federal courts appeals taken two approaches applying courts held federal admits new evidence supporting claim adjudicated merits state apply federal may review claim de novo see ante holland jackson per curiam see winston kelly agree majority rejection approach see ante undermine comity principles motivating aedpa decline defer adjudication claim state fault lacked relevant courts appeals including struck considered balance courts held continues apply new evidence properly presented federal hearing relevant reasonableness decision see pinholster ayers en banc evidence admissible michael williams render petitioner claims unexhausted properly considered evaluating whether legal conclusion reached state habeas reasonable application law accord wilson mazzuca pecoraro walls valdez cockrell approach accommodates competing goals reflected according deference reasonable decisions preserving opportunity diligent petitioners present evidence federal unable state majority charts third novel course far aware appeals adopted continues apply petitioner additional evidence unable present state district consider evidence deciding whether petitioner satisfied problem approach potential bar federal habeas relief diligent habeas petitioners present new evidence state consider example petitioner diligently attempted state develop factual basis claim prosecutors withheld exculpatory witness statements violation brady maryland state denied relief ground withheld evidence known rise level materiality required brady time filing federal habeas petition expired however state orders state disclose additional documents petitioner timely requested state public records act disclosed documents reveal state withheld exculpatory witness statements state law permit petitioner present new evidence successive precedent petitioner presented brady claim state claim deemed defaulted petitioner attempt show cause prejudice overcome default see michael williams see also supra however new evidence merely bolsters brady claim adjudicated merits state unclear petitioner obtain federal habeas relief today holding may reasonable decision record may longer reasonable light new evidence see kyles whitley materiality brady evidence viewed collectively item item state adjudicated petitioner brady claim merits still apply yet majority interpretation federal prohibited considering new evidence determining reasonableness decision majority interpretation thus suggests anomalous result petitioners new claims based newly obtained evidence obtain federal habeas relief show cause prejudice default petitioners newly obtained evidence supporting claim adjudicated merits state obtain federal habeas relief first satisfy without new evidence majority interpretation leads anomaly good reason conclude interpretation wrong see keeney irrational distinguish failing properly assert federal claim state failing state properly develop claim majority responds anomaly suggesting hypothetical petitioner may well new claim ante suggestion puzzling new evidence usually give rise new claim merely provides additional proof claim already adjudicated majority presumably means suggest petitioner might able obtain review new evidence show cause prejudice failure present new claim state scenario however federal review purportedly new claim de novo majority approach thus threatens replace deferential review new evidence de novo review new evidence form new unlikely congress intended de novo review result suggested majority opinion must intended district courts consider newly discovered evidence conducting analysis majority reading appears ultimately rest understanding state courts must first opportunity adjudicate habeas petitioners claims see ante contrary aedpa exhaustion requirement allow petitioner overcome adverse decision new evidence introduced federal habeas reviewed first instance effectively de novo justice breyer takes position see ante opinion concurring part dissenting part aedpa designed give state first opportunity consider matters fully agree habeas petitioners must attempt present evidence state courts first instance justice alito see ante disagree majority understanding already accomplishes result reading work majority gives unnaturally cramped reading result majority either foreclosed habeas relief diligent petitioners fault unable present exculpatory evidence state adjudicated claims created new set procedural complexities lower courts navigate ensure availability great writ diligent petitioners considerations lead agree courts appeals concluded federal assess reasonableness state application clearly established federal law light evidence properly admitted federal evidentiary hearing nothing strange approach ante federal courts routinely engage analysis state might never conducted conduct example state summarily denies claim without explanation california district courts must deny habeas relief pursuant long reasonable argument supporting denial petitioner claim harrington slip likewise ask whether decision unreasonably applied clearly established federal law state issued reasoned decision failed cite federal law altogether see early packer per curiam determining whether state reasonably denied petitioner relief light newly discovered evidence different determining whether reasonable basis state unreasoned decision admittedly text standing alone compel either reading provision construing permit consideration evidence properly introduced federal best accords text aedpa structure whole interpreting prevent nondiligent petitioners gaming system purpose majority potentially put habeas relief reach diligent petitioners meritorious claims based new evidence majority claims holding consistent case law ante quite opposite true cases reflect previous understanding evidence properly admitted pursuant relevant analysis landrigan justice thomas author today opinion confirmed understanding interplay noted admonished district courts consider whether petitioner allegations proved true satisfy determining whether grant hearing highlighting deference owed state courts stated deciding whether grant evidentiary hearing federal must consider whether hearing enable applicant prove petition factual allegations true entitle applicant federal habeas relief deferential standards prescribed control whether grant habeas relief federal must take account standards deciding whether evidentiary hearing appropriate citation omitted instructing district courts consider standards deciding whether grant hearing must understood evidence admitted hearing considered analysis see brief american civil liberties union amicus curiae whole point landrigan admonition must decide whether hold hearing eye proffers evidence justify federal view proffers proof michael williams warden argued bars evidentiary hearing whenever petitioner unable develop factual record state whether fault neglect warden argument petitioner develop record state whatever reason barred presenting evidence federal rejecting argument observed prisoner developed claim state prove state decision involved unreasonable application clearly established federal law determined barred obtaining relief opening clause covers request evidentiary hearing claim pursued diligence remained undeveloped state instance prosecution concealed facts prisoner lacking clear convincing evidence innocence barred hearing claim even satisfy citation omitted emphasis added petitioner latter situation almost certainly unable satisfy without introducing concealed facts federal passage thus reflects understanding circumstances petitioner might need evidentiary hearing federal prove facts necessary satisfy avoid foreclosing habeas relief petitioners concluded bear warden harsh reading essentially held petitioners strictly fault inability develop facts state ibid majority today gives equally harsh reading achieve result rejected michael none cases cited majority supports result williams taylor terry williams interpreted ask whether decision identifies correct governing legal principle decisions unreasonably applies principle facts prisoner case however reason decide whether inquiry limited record district hold evidentiary hearing case see holland jackson stated made clear whether state decision unreasonable must assessed light record next sentence however observed evidence issue subject evidentiary hearing district respondent fault failing develop evidence state proceeded find evidence properly admitted concluding appeals erred analysis see also bradshaw richey per curiam sum cases reflect recognition sometimes appropriate consider new evidence deciding whether petitioner satisfy reading precedent require opposite conclusion majority disregards concerns motivated decision michael williams petitioners even diligent may unable develop factual record state fault interpret foreclose diligent petitioners accessing great writ state consider new evidence reasonably reached conclusion new evidence ii also disagree conclusion appeals erred holding pinholster satisfied basis majority omits critical details relating performance pinholster trial counsel mitigating evidence failed discover history proceedings therefore highlight several aspects facts history case jury returned guilty verdict instructed jury return six days later penalty phase prompted discussion sidebar regarding whether state provided notice intent offer aggravating evidence pinholster attorney wilbur dettmar argued state precluded offering aggravating evidence presently prepared offer anything way mitigation going proceed mitigation people right rebuttal without notice took position since people given notice prepared evidence way mitigation submit basis reporter tr hereinafter tr emphasis added undoubtedly anticipating counsel might need additional time prepare adequate mitigation defense asked dettmar whether continuance helpful event ruled declined offer spot stating think probably still go forward monday clearly one person comes mind defendant mother much beyond know think pa ss age time make great deal difference hearing testimony denied pinholster motion preclude aggravating evidence penalty phase defense counsel called one witness pinholster mother burnice brashear brashear testified pinholster never really wanted anything home much everything normally materialwise people said pinholster different siblings characterized basically good children pinholster said friendly relationship stepfather although stepfather sometimes lose temper pinholster mind see also stating stepfather times abusive near abusive brashear provided brief testimony regarding pinholster childhood described two car accidents one ran driveway one went windshield stated started failing school first grade school eventually sent educationally handicapped class pinholster psychologist recommended placing mental institution think far gone years later testified spent six months state hospital emotionally handicapped children according brashear pinholster suffered epilepsy since age beaten jail said family doctor dubin given medication treat epilepsy ibid brashear also suggested pinholster long live stating chip head floating around think wo much longer anyway ibid closing argument prosecutor ridiculed brashear testimony see said stepfather disciplined sure disciplined children disciplined ibid run car three years old unfortunate evidence brain damage lot children get dropped fall cribs whatever submit defendant truly epilepsy doctor brought tell medical records something prosecutor also highlighted brashear testimony pinholster stable home environment arguing came good home heard deprived child many things going probably many children notwithstanding meager mitigation case presented pinholster counsel took jury two days reach decision sentence pinholster death counsel later moved modify sentence life imprisonment denying motion trial judge stated evidence defense offered concerning defendant extenuation merely testimony mother persuasive mother opinion present evidence find moral justification extenuation conduct witness supplied evidence conviction sentence affirmed appeal pinholster filed habeas petition california alleging among things counsel unreasonably failed investigate prepare present available mitigating evidence penalty phase record pinholster petition included exhibits series declarations trial attorney harry brainard disbarred confirmed dettmar forthrightly told trial brainard dettmar neither expected prepared present mitigation see dettmar prepare case mitigation felt penalty phase hearing inasmuch receive written notice evidence aggravation pursuant penal code brainard confirmed apparent mitigation case eventually put conducted virtually mitigation investigation see recollection dettmar secured reviewed scott medical records see scott medical records far recollect neither dettmar interviewed scott previous medical providers recall interviewing attempting interview scott family members persons regarding penalty phase testimony except brashears sic ibid recollection seeing attempting secure scott school records juvenile records medical records records prior placements ibid recollection interviewing attempting interview scott former school teachers counselors juvenile officers statements relatives none trial counsel attempted interview regarding pinholster background documentary evidence revealed picture pinholster family life painted mother trial false pinholster raised chaos poverty relative remembered seeing children mix together flour water attempt get something eat pinholster stepfather beat several times week including least board much violence home pinholster brother dreaded coming home day pinholster half sister removed home result beating stepfather documentary evidence showed directly contrary brashear trial testimony pinholster siblings troubled pasts pinholster elder brother arrested armed burglary robbery forcible rape deadly weapon custody diagnosed acutely psychotic probably suffering type schizophrenia later committed pinholster half sister recovering alcoholic made ward juvenile prostitution forcible sexual battery pinholster petition exhibits described long history emotional disturbance neurological problems former schoolteacher stated child pinholster seemed incapable relating either peers adults even hard maintain eye contact hyperactivity extreme formed opinion probably organic base school records revealed talk ed self continuously many grimaces fought sleep control self hour per day show ed progressive deterioration semester since kindergarten school officials recommended placement school emotionally handicapped students referral neurologist age nine abnormal eeg revealing organic basis behavior months homicides doctor recommended placement hope psychiatric institute occur evidence attached petition summarized declaration george woods woods opined pinholster suffer ed severe long standing seizure disorders childhood head traumas may precipitating factors seizure disorder suffered bipolar mood disorder pointed trial testimony immediately burglary night homicides pinholster announced message woods believed reflect uditory hallucinations severe psychosis concluded time homicides pinholster suffering bipolar mood disorder psychotic ideation suffering complex partial seizure also observed pinholster grossly dysfunctional family abuse received child history suffering substantial seizure mood disorders frequently untreated psychiatric psychological disabilities educational handicaps relevant circumstances extenuate gravity crime basis pinholster submission california denied pinholster claim pinholster filed habeas petition federal district included additional exhibit declaration john stalberg psychiatrist hastily examined pinholster produced report middle original reviewing new material collected pinholster habeas counsel stalberg stated available evidence showed familial history severe psychiatric disorders history seizure disorders unknown etiology repeated head traumas abnormal eeg evidence mental disturbance pinholster childhood degree brain damage also opined voluminous mitigating evidence includes childhood physical abuse emotional neglect family history mental illness criminal behavior district stayed federal proceedings pinholster sought review claims district deemed unexhausted pinholster second habeas submission california included stalberg declaration summarily denied pinholster petition merits pinholster returned federal district filed amended petition evidentiary hearing district concluded pinholster demonstrated deficient performance prejudice ninth circuit sitting en banc affirmed majority notes pinholster claim arises strickland washington benchmark judging claim ineffectiveness strickland must whether counsel conduct undermined proper functioning adversarial process trial relied produced result satisfy benchmark defendant must show counsel performance deficient deficient performance prejudiced defense applies question whether jurists disagree correctness state decision harrington slip quoting yarborough alvarado state rejected strickland claim pleadings assuming allegations true see ante federal must ask whether reasonable argument supporting state conclusion petitioner allegations state claim harrington slip standard difficult impossible meet slip case one fairminded jurists disagree state erred strickland defendant must show counsel representation fell objective standard reasonableness measured according prevailing professional norms indulge strong presumption counsel conduct falls within wide range reasonable professional assistance applies review deferential harrington slip quoting knowles mirzayance slip present aedpa posture question whether reasonable argument counsel satisfied strickland deferential standard harrington slip none majority surmises counsel decided strategy get prosecution aggravation witnesses excluded lack notice failed put pinholster mother ante sort hoc rationalization counsel decisionmaking contradicts available evidence counsel actions courts indulge harrington slip quoting wiggins smith majority explanation counsel conduct contradicts best available evidence counsel actions dettmar frank contemporaneous statement trial judge prepared evidence way mitigation tr majority conjecture counsel fact prepared mitigation defense based primarily isolated entries counsel billing records requires assume dettmar lying trial event even pinholster counsel strategic reason actions automatically render actions reasonable example counsel decided best option move exclude aggravating evidence unreasonable forgo mitigation investigation hope motion granted client life stake flou prudence rompilla beard attorney rely possibility might preclude aggravating evidence pursuant legal technicality without backup plan place case denied motion ante reasonable attorney pursue risky strategy understand majority suggest otherwise instead understand majority conclusion counsel actions reasonable rest belief backup plan defense reaching conclusion majority commits strickland error corrected applying wiggins holds purportedly tactical judgment reasonable without assessing adequacy investigatio supporting judgmen stated strickland trategic choices made thorough investigation law facts relevant plausible options virtually unchallengeable strategic choices made less complete investigation reasonable precisely extent reasonable professional judgments support limitations investigation words counsel duty make reasonable investigations make reasonable decision makes particular investigations unnecessary ineffectiveness case particular decision investigate must directly assessed reasonableness circumstances applying heavy measure deference counsel judgments repeatedly applied principle since strickland see sears upton per curiam slip porter mccollum per curiam slip wiggins terry williams cases make clear prevailing professional norms time pinholster trial required attorneys conduct thorough investigation defendant background ibid citing aba standards criminal justice commentary ed hereinafter aba standards make reasonable decision makes particular investigations unnecessary strickland judging defense investigation applying strickland generally hindsight discounted pegging adequacy perspective time investigative decisions made giving measure deference counsel judgments rompilla quoting strickland citation omitted cases reasonably diligent counsel may draw line good reason think investigation waste rompilla see bobby van hook per curiam slip burger kemp cases however strickland requires investigation wiggins illustrative competence required counsel capital case counsel limited three sources psychological testing presentencing report department social services records records revealed petitioner mother alcoholic displayed emotional difficulties foster care frequently absent school one occasion mother left alone days without food circumstances concluded reasonably competent attorney realized pursuing leads necessary making informed choice among possible defenses ibid accordingly held state assumption counsel investigation adequate unreasonable application strickland case remarkably similar wiggins majority reads record counsel mitigation investigation consisted talking pinholster mother consulting stalberg researching ante little information counsel gleaned rudimentary investigation wiggins led reasonable attorney investigate counsel learned pinholster mother attended class educationally handicapped children psychologist recommended placing mental institution spent time state hospital emotionally handicapped children knew pinholster diagnosed epilepsy ny reasonably competent attorney realized pursuing leads suggested information necessary making informed choice among possible defenses see also penry lynaugh vidence defendant background character relevant belief long held society defendants commit criminal acts attributable disadvantaged background emotional mental problems may less culpable defendants excuse internal quotation marks omitted yet counsel made effort obtain readily available evidence suggested information learned pinholster schooling medical records contact pinholster school authorities contact dubin many providers treated pinholster put simply counsel failed act potentially powerful mitigating evidence stared face bobby slip citing wiggins impediments facing counsel ante justify minimal investigation true pinholster unsympathetic client ibid fact compounds rather excuses counsel deficiency ignoring glaring avenues investigation explain pinholster way see sears slip evidence might made sears likable jury might well helped jury understand sears horrendous acts especially light purportedly stable upbringing stalberg report based limited record focused primarily pinholster mental state time homicides excuse counsel failure investigate broader range potential mitigating circumstances record actual sentencing proceedings underscores unreasonableness counsel conduct suggesting failure investigate thoroughly inattention reasoned strategic judgment wiggins dettmar told trial judge unprepared present mitigation evidence mitigation case counsel eventually put described best halfhearted ibid counsel made effort bolster brashear testimony school medical records prosecutor effectively emphasized closing argument pursue obvious leads failed recognize brashear testimony painting pinholster bad apple normal nondeprived family false denying pinholster claim california necessarily overlooked strickland clearly established admonition strategic choices made less complete investigation reasonable precisely extent reasonable professional judgments support limitations wiggins light information available pinholster counsel plain reasonable professional judgments supported woefully inadequate accordingly california reasonably concluded pinholster failed allege counsel investigation inadequate strickland majority also concludes california reasonably concluded pinholster state claim prejudice conclusion light overwhelming mitigating evidence jury wrong establish prejudice defendant must show reasonable probability counsel unprofessional errors result proceeding different habeas petitioner challenges death sentence question whether reasonable probability absent errors sentencer concluded balance aggravating mitigating circumstances warrant death inquiry requires evaluating totality available mitigation evidence adduced trial evidence adduced habeas proceeding reweighing evidence aggravation terry williams ultimate question case whether taking account mitigating aggravating evidence reasonable probability least one juror struck different balance wiggins see cal penal code ann west requiring unanimous jury verdict impose death sentence like majority first consider aggravating mitigating evidence presented trial virtue verdict guilt phase jury already concluded pinholster stabbed killed victims majority jury saw pinholster revel history burglaries guilt phase ante jury heard evidence pinholster violent tendencies kidnapped someone knife cut person arm razor history hitting kicking people threatened kill state lead witness extensive disciplinary record jail brashear offered brief testimony apparently intended mitigating see supra see also ante however prosecutor argued brashear neutral witness see tr mother clearly loves son ladies gentlemen clearly unbiased witness world notwithstanding brashear obvious counsel failed offer readily available objective evidence substantiated expanded testimony failure allowed prosecutor belittle testimony closing argument see supra brashear statement pinholster alive much longer chip head floating around tr undermined credibility prosecutor urged see want believe sometime got country jail doctor looked crystal ball said three years going die ridiculous trial judge thoroughly unimpressed brashear testimony see supra moreover evidence presented pinholster petition revealed brashear distorted facts testimony ways undermined pinholster mitigation case sears slip prosecutor used brashear testimony pinholster came good family see tr sum counsel presented little way mitigating evidence prosecutor effectively used halfhearted attempt present mitigation case advocate death penalty jury nonetheless took two days reach decision impose death sentence additional mitigating evidence presented california adds mitigation case bears relation brashear unsubstantiated testimony rompilla assuming evidence presented california true required new mitigating evidence presented shown pinholster raised chaos poverty record family home filled violence pinholster siblings extremely troubled pasts substantial evidence mental disturbance pinholster childhood degree brain damage woods concluded pinholster aggressive conduct resulted bipolar mood disorder months murders doctor recommended pinholster sent psychiatric institute woods also explained pinholster bizarre behavior murders reflected uditory hallucinations severe psychosis available records confirmed pinholster suffered longstanding seizure disorders may caused childhood head injuries record see said evidence largely duplicated mitigation evidence trial ante see arizona fulminante evidence merely cumulative corroborates evidence unbelievable brashear testimony confirmed objective evidence prosecutor highlighted new evidence destroyed relatively benign conception pinholster upbringing presented mother rompilla jury heard testimony pinholster likely suffered brain damage bipolar mood disorder counsel offered evidence help jury understand likely effect pinholster head injuries bizarre behavior night homicides jury heard testimony recounting substantial evidence pinholster likely neurological problems heard medical evidence pinholster suffered epilepsy majority responds much pinholster new mitigating evidence questionable mitigating value ante presenting psychiatric testimony contends pinholster opened door rebuttal state expert ibid california denied pinholster petition pleadings reason know state expert might said moreover given record evidence reasonably probable least one juror credited expert event even rebuttal expert testified pinholster suffered antisocial personality disorder hardly come surprise jury see ante describing pinholster psychotic client whose performance trial hardly endeared jury reason especially important counsel present available evidence help jury understand pinholster see sears slip counsel conducted adequate investigation judge jury heard credible evidence showing pinholster criminal acts aggressive tendencies attributable disadvantaged background emotional mental problems penry internal quotation marks omitted learned pinholster troubled history declared relevant assessing defendant moral culpability porter slip quoting wiggins applying strickland repeatedly found reasonable probability sentencer reached different result counsel presented similar evidence see porter slip evidence defendant childhood history physical abuse brain abnormality limited schooling heroic military service rompilla evidence severe abuse neglect child well brain damage wiggins evidence defendant severe privation abuse child homelessness diminished mental capacities terry williams evidence childhood mistreatment neglect head injuries possible organic mental impairments borderline mental retardation majority dispute similarity case cited cases however criticizes appeals relying rompilla terry williams ground reviewed prejudice question de novo cases see ante read terry williams review prejudice question de fundamentally however agree premise hose cases offer guidance respect whether state unreasonably determined prejudice lacking ante emphasis deleted cases purport create new law simply applied clearly established precedent strickland different set facts cases illuminate kinds mitigation evidence suffice establish prejudice strickland provide useful dispositive guidance courts consider determining whether state unreasonably applied strickland many cases state presented additional mitigation evidence reasonably conclude reasonable probability counsel unprofessional errors result proceeding different strickland case admittedly pinholster unjustifiably stabbed killed two people history violent outbursts burglaries surely endear jury homicides appear premeditated state aggravation case stronger rompilla terry williams see defendant committed murder torture significant history violent felonies including rape rehnquist concurring part dissenting part defendant lifetime crime murder savagely beat elderly woman set home fire stabbed man internal quotation marks omitted even trial record took jury two days decide penalty contrast persuasive mitigation case put pinholster counsel tr substantial mitigation evidence fingertips stark given considerations foregone conclusion majority deems juror familiar troubled background psychiatric issues reached conclusion regarding pinholster culpability fairminded jurists doubt record california reasonable probability least one juror struck different balance wiggins iii record adequate support appeals conclusion california reasonably rejected pinholster strickland claim additional evidence presented federal evidentiary hearing confirms conclusion hearing pinholster offered many documents state habeas also offered trial attorneys billing records state habeas part trial record seven lay witnesses testified hearing six previously executed declarations support pinholster petition seventh pinholster uncle provided testimony cumulative testimony two experts testified pinholster behalf neither presented declarations state habeas first donald olson assistant professor neurology neurological sciences director pediatric epilepsy program stanford university medical center appears pinholster retained olson rebut testimony expert disclosed state federal proceeding see decl michael abzug support stipulated ex parte application continue evidentiary hearing discovery substitute counsel pinholster calderon cv cd cal relying part pinholster abnormal eeg olson opined pinholster childhood accidents likely result ed brain injury injuries conferred risk epilepsy record concluded reasonably probable pinholster suffered partial epilepsy since least suffered brain injury since least pinholster second expert sophia vinogradov associate professor psychiatry university california san francisco vinogradov testimony based essentially facts woods stalberg declarations highlighted pinholster childhood head traumas history epilepsy abusive neglected upbringing history substance abuse bizarre behavior night homicides opined aggressive behavior resulted childhood head traumas data indicates severe effects two serious head injuries sustained age age evidence behavioral changes related dysfunction frontal cortex severe attentional learning problems childhood hyperactivity aggressivity impulsivity impairment seizure disorder explosive dyscontrol also opined right homicides pinholster apparently hallucinatory state likely result intoxication multiple substances state presented two experts stalberg psychiatrist examined pinholster middle david rudnick although stalberg maintained pinholster suffered antisocial personality disorder original diagnosis middle trial emphasized voluminous compelling mitigation evidence previously made available presented jury stated conversations pinholster family revealed siblings raised like animals wild animals opined pinholster upbringing risk factor antisocial personality disorder see ibid pinholster upbringing speak volumes looking mitigation point view agreed mitigation evidence presented trial profoundly misleading rudnick testified pinholster suffered antisocial personality disorder state also introduced evidence probation report pinholster counsel possession time trial report demonstrated counsel aware pinholster classes educationally handicapped children committed state hospital emotionally handicapped children suffered two severe head injuries much evidence presented federal hearing duplicative evidence submitted california additional evidence presented hearing confirmed california reasonably rejected pinholster example probation report presented state confirmed counsel possession information led reasonable attorney investigate wiggins counsel nevertheless took action investigate leads pinholster experts opined childhood head traumas likely resulted brain injury conferred risk epilepsy although state presented testimony pinholster antisocial personality disorder clear error district conclude jurors credited pinholster experts even state expert stalberg testified voluminous mitigation evidence pinholster case record sum evidence confirmed already apparent record pinholster counsel failed conduct adequate mitigation investigation reasonable probability least one juror confronted voluminous mitigating evidence counsel discovered voted spare pinholster life ibid accordingly whether basis record courts correctly concluded pinholster shown california decision reflected unreasonable application agree either aspect ruling fear consequences novel interpretation diligent state habeas petitioners compelling evidence supporting claims unable fault present evidence state adjudicated claims conclusion california reasonably denied pinholster claim overlooks counsel failure investigate obvious avenues mitigation contrast woefully inadequate mitigation case presented evidence discovered respectfully dissent vincent cullen acting warden petitioner scott lynn pinholster writ certiorari appeals ninth circuit april justice breyer concurring part dissenting part join parts ii opinion join part iii send case back appeals apply legal standards part ii announces complex facts case compare ante majority opinion post sotomayor dissenting like believe understanding leave aedpa hearing section without work offender believes entitled habeas relief must first present claim including evidence state courts state courts reject claim federal habeas may review rejection basis materials considered state federal habeas finds decision fails test apply hearing may needed example rejection assumed habeas petitioner facts deciding even facts true federal law violated finding state wrong ground hearing might needed determine whether facts alleged indeed true rejection rested state ground federal habeas found inadequate hearing might needed consider petitioner unblocked substantive federal claim rejection rested one several related federal grounds counsel assistance inadequate federal found state decision respect ground decided violated hearing might needed consider related parts whole constitutional claim whether counsel inadequate assistance also prejudicial may situations hearing needed well case however say whether hearing needed know whether state rejecting pinholster claim basis presented state violated view lower courts analysis respect matter inadequate role analysis habeas petitioner introduce evidence first presented state courts mean pinholster without recourse present new evidence always return state presenting new evidence previously presented state denies relief might able return federal make claims related latest rejection subject aedpa limitations successive petitions see trying predict future course proceedings point view aedpa designed take necessary remedies habeas petitioner give state first opportunity consider matters insist federal courts properly respect determinations footnotes ginsburg justice kagan join part ii although california initially issued order asking state respond ultimately withdrew order providently issued app pet cert majority also eparately independently denied several claims including ineffective assistance counsel untimely successive barred res judicata state argued procedural rulings constitute adequate independent state grounds bar federal habeas review justice sotomayor argues nothing strange allowing consideration new evidence view different tasks courts undertake post dissenting opinion makes consideration new evidence strange different task rather notion state deemed unreasonably applied federal law evidence even know existed comprehend exactly state control application law matters beyond knowledge adopting justice sotomayor approach take seriously aedpa requirement federal courts defer decisions effectively treat statute federal judiciary must respect terry williams opinion stevens prisoner failed develop factual basis claim state proceedings bars federal holding evidentiary hearing unless applicant meets certain statutory requirements justice sotomayor suggestion michael williams rejected conclusion see post thus quite puzzling passage quotes see merely explains interpreted way preclude state prisoner diligent state habeas satisfy receiving evidentiary hearing bradshaw richey per curiam appeals also relied made assumption discussing state holland argument pinholster justice sotomayor place great weight fact includes language light evidence presented state proceeding whereas see post additional clarity point however detract view also plainly limited record omission clarifying language likely reflects congress belief language unnecessary anything else justice sotomayor argument must read way accommodates see post rests fundamental misunderstanding focus section preserving opportunity hearings post rather limiting discretion federal district courts holding hearings see need case address proper application see infra see post suggesting given unnaturally cramped reading events course requirements remain significant limitations power federal grant habeas relief though decide draw line new claims claims adjudicated merits see infra justice sotomayor hypothetical involving new evidence withheld exculpatory witness statements see post may well present new claim state contest alleged claim adjudicated merits california asserts evidence adduced federal evidentiary hearing fundamentally changed pinholster claim render effectively unadjudicated see brief petitioner reply brief petitioner tr oral arg pinholster disagrees argues evidence adduced evidentiary hearing simply supports alleged claim brief respondent need resolve dispute even accepting pinholster position entitled federal habeas relief pinholster failed show california unreasonably applied clearly established federal law record infra brings analysis end even evidence adduced district additionally supports claim pinholster contends precluded considering see infra parties agree record includes allegations habeas corpus petition matter record pertaining case hochberg cal quoting cal rule rejected another ground fields cal see reply brief petitioner tr oral arg california law california summary denial habeas petition merits reflects determination claims made th petition state prima facie case entitling petitioner relief clark cal appears generally assumes allegations petition true accept wholly conclusory allegations people duvall cal also review record trial assess merits petitioner claims clark supra specific contents record depend two state habeas proceedings issue one amicus curiae suggests issuethat pinholster must prove california proceedings involved unreasonable application law see brief criminal justice legal foundation contrast favorable approach pinholster review second state habeas proceeding record includes evidence pinholster ever submitted state habeas previously ruled proceed circumstances need even taking approach favorable pinholster reviewing whether california objectively unreasonable second state habeas proceeding find pinholster failed satisfy counsel argument persuasive enough cause trial hold hearing take testimony denying motion exclude parties agree billing records california see tr oral arg see clerk tr entry phone call defendant mother medical history entries penal code research capital punishment conference defendant mother childhood problems research pen photocopying reports appointed expert preparation declaration order appointment psychiatrist preparation order visitation investigator research pen time records dettmar unfortunately stop mar know critical weeks leading penalty phase may see entries conf bernice brasher pinholster mother research epilepsy conf nurse entries apr start prep penalty phase apr prep penalty phase conf brashear apr prep penalty phase appeals necessarily wrong looking precedents guidance strickland test necessity requires examination evidence terry williams quoting wright west kennedy concurring judgment pinholster wife waived spousal privilege testify fact acknowledged testimony used argue husband executed justice sotomayor criticizes brashear testimony post whole premise defense family interest similarly makes much fact prosecutor belittle brashear testimony closing argument post fail see point diligent prosecutor challenged whatever mitigating evidence defense put certainly expect prosecutor closing argument described evidence light favorable pinholster see pinholster failed demonstrate adjudication claim based record resulted decision contrary involv ing unreasonable application federal law writ habeas corpus shall granted analysis end barred considering evidence pinholster submitted district contends additionally supports claim reason need decide whether prohibited district holding evidentiary hearing whether district may ever choose hold evidentiary hearing determines satisfied footnotes relatedly state prisoner must general matter properly exhaust federal claims state avoid claim defaulted procedural grounds see coleman thompson section also governs attempt obtain relief based new evidence without evidentiary hearing holland jackson per curiam emphasis deleted see nn infra see michael williams noting diligent efforts develop facts might thwarted example conduct another happenstance noting prosecution might concealed facts supporting claim pursued diligence townsend sain requiring federal courts grant evidentiary hearings inter alia procedure employed state adequate afford full fair hearing substantial allegation newly discovered evidence overruled part grounds keeney course applies state adjudicated claim merits may situations new evidence supporting claim adjudicated merits gives rise altogether different claim see reply brief petitioner evidence withheld prosecutor relating one claim may give rise separate claim brady maryland majority opinion foreclose possibility assume majority intend suggest review limited record petitioner inability develop facts supporting claim fault state see generally tr oral arg bell kelly see statement counsel respondent warden virginia law bars successive habeas applications even cases petitioner new evidence majority declines however provide guidance lower courts distinguish claims adjudicated merits new claims even fairly argued hypothetical petitioner new claim majority fails explain diligent petitioner new evidence supporting existing claim present new evidence federal vein majority approach take seriously aedpa requirement federal courts defer decisions ante reading course district review properly admitted new evidence deferential lens de novo majority overlooks aspect landrigan quotes landrigan observation record refutes applicant factual allegations otherwise precludes habeas relief district required hold evidentiary hearing statement bearing question decided today majority claims michael williams supports reading respect one claim asserted petitioner observed appeals rejected claim merits unnecessary reach question whether permit hearing claim statement merely reflects fact appeals rejected claim without considering whether petitioner entitled hearing petitioner requested hearing claim see williams taylor agree majority record case consists habeas corpus petition matter record pertaining case ante quoting hochberg cal internal quotation marks omitted majority decide two decisions reviewed see ante one amicus argues pinholster must prove decisions involved unreasonable application law see brief criminal justice legal foundation amicus curiae argument based amicus understanding california rejected second petition successive alternatively merits state argued however second ruling rests procedural ground see ante state denies two petitions merits difference petitions second petition contains additional evidence supporting petitioner claim see reason petitioner must independently show first decision unreasonable judge instructed jury disregard testimony upon motion prosecutor prosecutor discussed testimony closing argument see infra time pinholster habeas petition dettmar deceased counsel billing records california part trial record confirmed brainard recollection according pinholster half sister death brother alvin severe emotional blow scott believed scott substance abuse heroin arose following result alvin death record counsel arranged stalberg examine pinholster middle original trial documents provided police reports relating case probation report report focused primarily pinholster mental state time offenses stalberg concluded pinholster psychopathic personality traits district based decision evidence adduced evidentiary hearing district apply thought erroneously california adjudicated pinholster claim merits app pet cert reasons discuss however district concluded pinholster satisfied basis record alone majority misleadingly cites entries showing counsel preparing brashear penalty phase testimony counsel learned state intended present aggravation evidence cited entries predating event show counsel conducted one day worth investigation consisting talking brashear researching epilepsy two months penalty phase see clerk tr phone call brashear meeting brashear regarding childhood problems hours esearch epilepsy conf nurse evidence records counsel actually planned present mitigating evidence indeed complete failure follow information learned minimal investigation confirms planning present mitigating evidence see infra doubt decision present mitigation defense might consistent standard professional competence capital cases prevailed los angeles cases ante point even counsel made strategic decision proceed defense decision unreasonable based unreasonably incomplete investigation see also aba standards commentary information concerning defendant background education employment record mental emotional stability family relationships like relevant mitigating circumstances surrounding commission offense recognized strickland aba standards though dispositive guides determining reasonable see also wiggins smith majority notes see ante wiggins trial counsel acknowledged investigation conducted inconsistent standard practice maryland see independently concluded however investigation also unreasonable light counsel actually discovered records emphasis added majority also posits brainard likely spent time preparing pinholster brother terry however terry averred declaration pinholster attorneys never asked questions relating scott background family history record majority chastises appeals attributing strict rules recent case law ante agree courts interpret cases prescribe strict rules regarding required scope mitigation investigations see rompilla beard concurring noting longstanding approach determining whether attorney performance unconstitutionally deficient strickland ninth circuit however thing appropriately gave thoughtful consideration guideposts contained cases previously done see bobby van hook per curiam slip majority mischaracterizes several aspects brashear testimony although brashear testified family lots money followed comment stating pinholster bring friends house nice house tr prosecutor understand brashear testified pinholster childhood deprived see heard deprived child california direct appeal people pinholster cal brashear testify pinholster stepfather tried discipline times abusive near abusive tr suggested however pinholster deserved discipline received see scott always mind unlikely jury understood brashear suggesting husband routinely beat pinholster prosecutor come away understanding see terry williams held state decision unreasonable least two respects applied wrong legal standard see failed accord appropriate weight body mitigation evidence available trial counsel purport conduct de novo review hearing stalberg opined pinholster substantially impaired bipolar mood disorder operating synergistically intoxication seizure disorder time crime committed record prehearing deposition however stalberg revised opinion stated continued believe pinholster suffered psychopathic personality traits deposition pinholster elected proceed different expert presumably light stalberg unexpected change position state retained stalberg expert state argues district entitled rely evidence adduced hearing pinholster diligent developing claims state hearing therefore barred argument somewhat imprecise pinholster allegations amended federal petition identical allegations presented california ante diligently requested hearing state state presumably means argue pinholster new expert testimony changed factual basis claim time evidentiary hearing longer satisfied however oral argument state suggested pinholster presenting altogether new claim federal see tr oral arg case apply state arguing lack exhaustion procedural default understand pinholster presented new claim district event pinholster satisfied case made reasonable attempt light information available time investigate pursue claims state michael williams experts relied facts evidence read impose strict requirement petitioners must use experts presented state rule result numerous practical problems example case unanticipated death expert state challenge limited questions whether federal district entitled consider additional evidence analysis whether pinholster satisfied basis record challenged district ultimate conclusion pinholster proved custody violation constitution laws treaties