wiggins smith warden et argued march decided june petitioner wiggins convicted capital murder maryland judge subsequently elected sentenced jury public defenders schlaich nethercott moved bifurcate sentencing representing planned prove wiggins kill victim hand necessary present mitigation case denied motion sentencing nethercott told jury opening statement hear among things wiggins difficult life evidence never introduced closing arguments outside presence jury schlaich made proffer preserve bifurcation issue appeal detailing mitigation case counsel presented schlaich never mentioned wiggins life history family background jury sentenced wiggins death maryland appeals affirmed represented new counsel wiggins sought postconviction relief arguing trial counsel rendered ineffective assistance failing investigate present mitigating evidence dysfunctional background presented expert testimony forensic social worker severe physical sexual abuse suffered hands mother care series foster parents schlaich testified remember retaining forensic social worker prepare social history sentencing even though state funds available purpose explained nethercott decided focus retrying factual case disputing wiggins direct responsibility murder trial denied petition state appeals affirmed concluding trial counsel made reasoned choice proceed considered best defense subsequently federal district granted wiggins relief federal habeas petition holding maryland courts rejection ineffective assistance claim involved unreasonable application clearly established federal law reversing fourth circuit found trial counsel strategic decision focus wiggins direct responsibility reasonable held performance wiggins attorneys sentencing violated sixth amendment right effective assistance counsel pp federal writ granted state decision contrary involved unreasonable application clearly established precedents unreasonable application prong permits writ granted state identifies correct governing legal principle unreasonably applies facts petitioner case williams taylor standard satisfied state decision must objectively unreasonable incorrect erroneous ineffective assistance claim two components petitioner must show counsel performance deficient deficiency prejudiced defense strickland washington performance deficient falls objective standard reasonableness defined terms prevailing professional norms strickland counsel claim limited investigation petitioner background reflected tactical judgment present mitigating evidence pursue alternative strategy instead evaluating petitioner claim principal concern whether counsel presented mitigation case whether investigation supporting decision introduce mitigating evidence wiggins background reasonable thus conducts objective review performance measured reasonableness prevailing professional norms including consideration challenged conduct seen counsel perspective time conduct pp counsel conduct reasonable investigation decision expand investigation beyond presentence investigation psi report baltimore city department social services dss records fell short professional standards prevailing maryland standard practice maryland capital cases time included preparation social history report although funds retain forensic social worker counsel chose commission report conduct similarly fell short american bar association capital defense work standards moreover light facts counsel discovered dss records concerning wiggins alcoholic mother problems foster care counsel decision cease investigating unreasonable reasonably competent attorney realized pursuing leads necessary making informed choice among possible defenses particularly given apparent absence aggravating factors wiggins background indeed counsel discovered evidence suggest mitigation case counterproductive investigation fruitless thus distinguishing case precedents found limited investigations mitigating evidence reasonable record sentencing proceedings underscores unreasonableness counsel conduct suggesting failure investigate thoroughly stemmed inattention strategic judgment trial denied bifurcation motion every reason develop powerful mitigation case possible sentencing process counsel focus exclusively wiggins direct responsibility murder rather put halfhearted mitigation case instead maryland appeals assumption counsel investigation adequate reflected unreasonable application strickland deferring counsel decision present every conceivable mitigation defense despite fact counsel based alleged choice inadequate investigation maryland appeals unreasonably applied strickland conclusion social services records revealed incidences sexual abuse fact reflects unreasonable determination facts light evidence presented state proceeding contrary state contention record whole support conclusion counsel conducted thorough investigation one describes ultimately conclusion counsel investigation inadequate mean strickland requires counsel investigate every conceivable line mitigating evidence matter unlikely effort assist defendant sentencing strickland require counsel present evidence sentencing every case rather conclusion based much limited principle strategic choices made less complete investigation reasonable extent reasonable professional judgments support limitations investigation strickland supra pp counsel failures prejudiced wiggins defense establish prejudice defendant must show reasonable probability counsel unprofessional errors proceeding result different strickland supra assesses prejudice reweighing aggravating evidence totality mitigating evidence adduced trial habeas proceedings williams taylor supra mitigating evidence counsel failed discover present powerful wiggins experienced severe privation abuse custody alcoholic absentee mother physical torment sexual molestation repeated rape foster care time spent homeless diminished mental capacities augment mitigation case thus kind troubled history relevant assessing defendant moral culpability penry lynaugh given nature extent abuse reasonable probability competent attorney aware history introduced sentencing jury confronted mitigating evidence returned different sentence significant mitigating factor jury heard wiggins prior convictions able place excruciating life history mitigating side scale reasonable probability least one juror struck different balance wiggins record violent conduct state introduced offset powerful mitigating narrative thus available mitigating evidence taken whole might well influenced jury appraisal moral culpability pp reversed remanded delivered opinion rehnquist stevens kennedy souter ginsburg breyer joined scalia filed dissenting opinion thomas joined kevin wiggins petitioner sewall smith warden et al writ certiorari appeals fourth circuit june justice delivered opinion petitioner kevin wiggins argues attorneys failure investigate background present mitigating evidence unfortunate life history capital sentencing proceedings violated sixth amendment right counsel case consider whether appeals fourth circuit erred upholding maryland appeals rejection claim september police discovered florence lacs drowned bathtub ransacked apartment woodlawn maryland wiggins state md state indicted petitioner crime october later filed notice intention seek death penalty two baltimore county public defenders carl schlaich michelle nethercott assumed responsibility wiggins case july petitioner elected tried judge baltimore county circuit ibid august trial found petitioner guilty murder robbery two counts theft app conviction wiggins elected sentenced jury trial scheduled proceedings begin october september counsel filed motion bifurcation sentencing hopes presenting wiggins case two phases counsel intended first prove wiggins act principal first degree kill victim hand see md ann code art requiring proof direct responsibility death eligibility counsel intended necessary present mitigation case memorandum support motion counsel argued bifurcation enable present case best light separating two cases prevent introduction mitigating evidence diluting claim wiggins directly responsible murder app october denied bifurcation motion sentencing proceedings commenced immediately thereafter opening statement nethercott told jurors hear evidence suggesting someone wiggins actually killed lacs counsel explained judge instruct weigh wiggins clean record factor death sentence concluded going hear kevin wiggins difficult life easy worked tried productive citizen reached age convictions prior crimes violence convictions period think important thing consider proceedings however counsel introduced evidence wiggins life history closing arguments schlaich made proffer outside presence jury preserve bifurcation issue appeal detailed mitigation case counsel presented granted bifurcation motion explained introduced psychological reports expert testimony demonstrating wiggins limited intellectual capacities childlike emotional state one hand absence aggressive patterns behavior capacity empathy desire function world see point schlaich proffer evidence petitioner life history family background october instructed jury sentencing task later afternoon jury returned sentence death divided maryland appeals affirmed wiggins state md cert denied wiggins sought postconviction relief baltimore county circuit new counsel challenged adequacy representation sentencing arguing attorneys rendered constitutionally defective assistance failing investigate present mitigating evidence dysfunctional background app pet cert support claim petitioner presented testimony hans selvog licensed social worker certified expert app selvog testified concerning elaborate social history report prepared containing evidence severe physical sexual abuse petitioner suffered hands mother care series foster parents relying state social services medical school records well interviews petitioner numerous family members selvog chronicled petitioner bleak life history app pet cert according selvog report petitioner mother chronic alcoholic frequently left wiggins siblings home alone days forcing beg food eat paint chips garbage wiggins abusive behavior included beating children breaking kitchen often kept locked sex men children slept bed one occasion forced petitioner hand hot stove burner incident led petitioner hospitalization age six state placed wiggins foster care petitioner first second foster mothers abused physically petitioner explained selvog father second foster home repeatedly molested raped age petitioner ran away foster home began living streets returned intermittently additional foster homes including one foster mother sons allegedly one occasion leaving foster care system wiggins entered job corps program allegedly sexually abused supervisor postconviction proceedings schlaich testified remember retaining forensic social worker prepare social history even though state made funds available purpose app explained nethercott well advance trial decided focus efforts retry ing factual case disputing wiggins direct responsibility murder april close proceedings judge observed bench remember capital case counsel compiled social history defendant explaining ot social history least see got absolute error flabbergasted appeals said anything else october however trial denied wiggins petition postconviction relief concluded decision investigate matter trial tactics ineffective assistance counsel app pet cert maryland appeals affirmed denial relief concluding trial counsel made deliberate tactical decision concentrate effort convincing jury appellant directly responsible murder wiggins state observed counsel knew wiggins unfortunate childhood available presentence investigation psi report prepared division parole probation required maryland law md ann code art well detailed social service records recorded incidences physical sexual abuse alcoholic mother placements foster care borderline retardation acknowledged evidence neither detailed graphic history elaborated selvog report emphasized counsel investigate aware appellant background emphasis original counsel knew least one uncontested mitigating factor wiggins lack prior convictions jury attempt disprove wiggins direct responsibility murder fail result concluded schlaich nethercott made reasoned choice proceed thought best defense september wiggins filed petition writ habeas corpus federal district trial granted relief holding maryland courts rejection ineffective assistance claim involved unreasonable application clearly established federal law wiggins corcoran supp citing williams taylor rejected state defense counsel tactical decision guilt concluding strategic decision reasonable must based upon information attorney made conducting reasonable investigation supp found though counsel aware aspects wiggins background knowledge excuse duty make fully informed deliberate decision whether present mitigation case fact concluded knowledge triggered obligation look reviewing district decision de novo fourth circuit reversed holding counsel made reasonable strategic decision focus petitioner direct responsibility wiggins corcoran contrasted counsel complete failure investigate potential mitigating evidence williams fact schlaich nethercott knew least details wiggins childhood psi social services records acknowledged counsel likely knew investigation resulted sordid details surfacing agreed maryland appeals counsel knowledge avenues mitigation available sufficient make informed strategic choice challenge petitioner direct responsibility murder emphasized conflicting medical testimony respect time death absence direct evidence wiggins unexplained forensic evidence crime scene supported counsel strategy granted certiorari reverse ii petitioner renews contention attorneys performance sentencing violated sixth amendment right effective assistance counsel amendments enacted part antiterrorism effective death penalty act aedpa circumscribe consideration wiggins claim require us limit analysis law clearly established precedents time state decision section provides application writ habeas corpus behalf person custody pursuant judgment state shall granted respect claim adjudicated merits state proceedings unless adjudication claim resulted decision contrary involved unreasonable application clearly established federal law determined resulted decision based unreasonable determination facts light evidence presented state proceeding made clear unreasonable application prong permits federal habeas grant writ state identifies correct governing legal principle decisions unreasonably applies principle facts petitioner case williams taylor supra see also bell cone words federal may grant relief state misapplied governing legal principle set facts different case principle announced lockyer andrade slip citing williams taylor supra order federal find state application precedent unreasonable state decision must incorrect erroneous see lockyer supra slip state application must objectively unreasonable see williams taylor supra established legal principles govern claims ineffective assistance counsel strickland washington ineffective assistance claim two components petitioner must show counsel performance deficient deficiency prejudiced defense establish deficient performance petitioner must demonstrate counsel representation fell objective standard reasonableness declined articulate specific guidelines appropriate attorney conduct instead emphasized proper measure attorney performance remains simply reasonableness prevailing professional norms ibid case strickland petitioner claim stems counsel decision limit scope investigation potential mitigating evidence strickland counsel attempt justify limited investigation reflecting tactical judgment present mitigating evidence sentencing pursue alternate strategy instead rejecting strickland claim defined deference owed strategic judgments terms adequacy investigations supporting judgments 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 opinion williams taylor illustrative proper application standards finding williams ineffectiveness claim meritorious applied strickland concluded counsel failure uncover present voluminous mitigating evidence sentencing justified tactical decision focus williams voluntary confessions counsel fulfill ed obligation conduct thorough investigation defendant background citing aba standards criminal justice commentary ed williams yet decided time maryland appeals rendered decision issue case cf post scalia dissenting williams case us habeas review contrary dissent contention post therefore made new law resolving williams ineffectiveness claim see williams noting merits williams claim squarely governed holding strickland see also noting trial correctly applied components strickland standard petitioner claim proceeding discuss counsel failure investigate violation strickland performance prong highlighting counsel duty investigate referring aba standards criminal justice guides applied clearly established precedent strickland apply today cf strickland establishing thorough investigation virtually unchallengeable underscoring counsel duty make reasonable investigations see also prevailing norms practice reflected american bar association standards like guides determining reasonable light standards principal concern deciding whether schlaich nethercott exercised reasonable professional judgmen whether counsel presented mitigation case rather focus whether investigation supporting counsel decision introduce mitigating evidence wiggins background reasonable ibid cf williams taylor supra concurring noting counsel duty conduct requisite diligent investigation client background assessing counsel investigation must conduct objective review performance measured reasonableness prevailing professional norms strickland includes consideration challenged conduct seen counsel perspective time effort must made eliminate distorting effects hindsight record demonstrates counsel investigation drew three sources app counsel arranged william stejskal psychologist conduct number tests petitioner stejskal concluded petitioner iq difficulty coping demanding situations exhibited features personality disorder reports revealed nothing however petitioner life history tr oral arg respect history counsel available written psi included account wiggins personal history noting misery youth quoting description background observing spent life foster care app counsel also tracked records kept baltimore city department social services dss documenting petitioner various placements state foster care system lodging petitioner describing scope counsel investigation petitioner life history fourth circuit maryland appeals referred two sources information see wiggins state counsel decision expand investigation beyond psi dss records fell short professional standards prevailed maryland schlaich acknowledged standard practice maryland capital cases time wiggins trial included preparation social history report app despite fact public defender office made funds available retention forensic social worker counsel chose commission report counsel conduct similarly fell short standards capital defense work articulated american bar association aba standards long referred guides determining reasonable strickland supra williams taylor supra aba guidelines provide investigations mitigating evidence comprise efforts discover reasonably available mitigating evidence evidence rebut aggravating evidence may introduced prosecutor aba guidelines appointment performance counsel death penalty cases emphasis added despite norms however counsel abandoned investigation petitioner background acquired rudimentary knowledge history narrow set sources cf noting among topics counsel consider presenting medical history educational history employment training history family social history prior adult juvenile correctional experience religious cultural influences emphasis added aba standards criminal justice commentary lawyer also substantial important role perform raising mitigating factors prosecutor initially sentencing investigation essential fulfillment functions scope investigation also unreasonable light counsel actually discovered dss records records revealed several facts petitioner mother chronic alcoholic wiggins shuttled foster home foster home displayed emotional difficulties frequent lengthy absences school least one occasion mother left siblings alone days without food see lodging petitioner federal district emphasized reasonably competent attorney realized pursuing leads necessary making informed choice among possible defenses particularly given apparent absence aggravating factors petitioner background supp indeed counsel uncovered evidence investigation suggest mitigation case right counterproductive investigation fruitless case therefore distinguishable precedents found limited investigations mitigating evidence reasonable see strickland concluding counsel limited investigation reasonable interviewed witnesses brought attention discovering little helpful much harmful darden wainwright concluding counsel engaged extensive preparation decision present mitigation case resulted jury hearing evidence petitioner convicted violent crimes spent much life jail counsel investigated may well discovered sexual abuse later revealed state postconviction proceedings record actual sentencing proceedings underscores unreasonableness counsel conduct suggesting failure investigate thoroughly resulted inattention reasoned strategic judgment counsel sought day sentencing proceedings bifurcated retrial guilt mitigation stage see supra eve sentencing counsel represented prepared come forward mitigating evidence app intended present evidence event granted motion bifurcate words prior sentencing counsel never actually abandoned possibility present mitigation defense denied motion every reason develop powerful mitigation case possible sentencing proceeding counsel focus exclusively wiggins direct responsibility murder introducing issue opening statement nethercott entreated jury consider wiggins found done also though told jury hear kevin wiggins difficult life counsel never followed suggestion details wiggins history time counsel called criminologist testify inmates serving life sentences tend adjust well refrain violence prison testimony bearing whether petitioner committed murder hand far focusing exclusively petitioner direct responsibility counsel put halfhearted mitigation case taking precisely type shotgun approach maryland appeals concluded counsel sought avoid wiggins state viewed light strategic decision state courts respondents invoke justify counsel limited pursuit mitigating evidence resembles rationalization counsel conduct accurate description deliberations prior sentencing rejecting petitioner ineffective assistance claim maryland appeals appears assumed counsel information respect petitioner background information psi dss records position make tactical choice present mitigation defense citing federal state precedents finding ineffective assistance cases counsel failed conduct investigation kind assessing reasonableness attorney investigation however must consider quantum evidence already known counsel also whether known evidence lead reasonable attorney investigate even assuming schlaich nethercott limited scope investigation strategic reasons strickland establish cursory investigation automatically justifies tactical decision respect sentencing strategy rather reviewing must consider reasonableness investigation said support strategy maryland appeals application strickland governing legal principles objectively unreasonable though state acknowledged petitioner claim counsel failure prepare social history meet minimum standards profession conduct assessment whether decision cease investigation upon obtaining psi dss records actually demonstrated reasonable professional judgment wiggins state state merely assumed investigation adequate light psi dss records actually revealed however counsel chose abandon investigation unreasonable juncture making fully informed decision respect sentencing strategy impossible appeals assumption investigation adequate thus reflected unreasonable application strickland result subsequent deference counsel strategic decision present every conceivable mitigation defense despite fact counsel based alleged choice made clear unreasonable investigation also objectively unreasonable established strickland strategic choices made less complete investigation reasonable precisely extent reasonable professional judgments support limitations investigation additionally based conclusion part clear factual error social service records recorded incidences sexual abuse state concede records contain mention sexual abuse much less repeated molestations rapes petitioner detailed selvog report brief respondents brief amicus curiae app pet cert state assumption records documented instances abuse shown incorrect clear convincing evidence reflects unreasonable determination facts light evidence presented state proceeding partial reliance erroneous factual finding highlights unreasonableness state decision dissent insists hands tied state factual determinations wiggins trial counsel investigate aware wiggins background post made clear maryland appeals conclusion scope counsel investigation petitioner background met legal standards set strickland represented objectively unreasonable application precedent moreover assumption counsel learned major aspect wiggins background sexual abuse dss records clearly erroneous requirements thus pose bar granting petitioner habeas relief briefs state contend counsel fact conducted thorough investigation one described conclusion explain follows schlaich postconviction testimony knew sexual abuse wiggins suffered well incident according state amicus fact counsel claimed aware evidence social services records coupled schlaich statement knew people reports app suggests counsel investigation must extended beyond social services records tr oral arg brief amicus curiae brief respondents schlaich simply asked reveal source knowledge abuse brief amicus curiae considering reading state postconviction record note preliminarily maryland appeals clearly assumed counsel investigation began ended psi dss records investigation sufficient scope satisfy strickland reasonableness requirement see wiggins state also assumed erroneously social services records cited incidences sexual abuse see respondents interpretation schlaich postconviction testimony therefore bearing whether maryland appeals decision reflected objectively unreasonable application strickland assessment maryland appeals opinion dissent apparently dispute counsel investigation case consisted exclusively psi dss records decision constituted unreasonable application strickland see post necessity dissent primary contention maryland appeals decide wiggins counsel looked beyond psi dss records must therefore defer finding see post found counsel investigation extended beyond psi dss records dissent course correct require defer finding state made finding dissent bases conclusion maryland appeals statements ounsel aware appellant unfortunate childhood counsel investigate aware appellant background see post quoting wiggins state supra state description counsel learned petitioner childhood speaks explained counsel aware appellant unfortunate childhood schlaich available investigation report also detailed social service records see construction reflects state understanding investigation consisted two sources mentions indeed describing counsel investigation petitioner background never much implies counsel uncovered source psi dss records conclusion counsel aware incidences sexual abuse suggest otherwise cf post assumed counsel learned incidents social services records wiggins corcoran subsequent statement noted counsel investigate aware appellant background underscores conclusion maryland appeals assumed counsel investigation wiggins childhood consisted psi dss records use phrase noted dissent ignores confirms counsel investigation consisted sources previously described psi dss records dissent therefore rests upon fundamental fallacy post maryland appeals determined schlaich investigation extended beyond psi dss records therefore must determine de novo whether counsel reached beyond psi dss records investigation petitioner background record whole support conclusion counsel conducted thorough investigation one described dissent like state relies primarily schlaich postconviction testimony establish counsel investigated extensively questions put schlaich postconviction testimony referred knew social services records line questioning first directed discovery documents subsequent reference people reports made direct response question concerning petitioner mental retardation appears acknowledgement psychologist reports know counsel commissioned reports also revealed nothing sexual abuse wiggins experienced app state trial judge heard testimony concluded close proceedings reason believe counsel information emphasis added state maintained oral argument schlaich reference people reports indicated counsel learned sexual abuse sources psi dss records tr oral arg pressed repeatedly identify sources counsel might consulted state acknowledged written reports documented sexual abuse speculated counsel must learned ral reports wiggins phrase people reports unusual way counsel refer conversations client record contains evidence counsel ever pursued line questioning wiggins see part emphasized counsel retention psychologist brief amicus curiae counsel decision hire psychologist sheds light extent investigation petitioner social background though stejskal based conclusions clinical interviews wiggins well meetings wiggins family members lodging petitioner final report discussed petitioner mental capacities attributed nothing learned wiggins social history underscore counsel know prior sentencing sexual abuse well incidents recorded dss records petitioner directs us content counsel october proffer closing statements outside presence jury schlaich proffered mitigation case counsel introduced granted motion bifurcate app statement schlaich referred results psychologist test mentioned nothing wiggins troubled background given purpose proffer preserve pursuit bifurcation issue appeal every incentive make mitigation case seem strong possible counsel failure include proffer powerful evidence repeated sexual abuse therefore explicable assume counsel knowledge abuse contrary dissent claim see post accusing schlaich lying statements postconviction proceedings knew abuse well incident may simply reflect mistaken memory shaped passage time state postconviction proceedings took place four years wiggins sentencing ultimately given counsel likely ignorance history sexual abuse time sentencing infer schlaich postconviction testimony counsel looked psi dss records investigating petitioner background indeed record contains mention sources undisputed counsel possessed see supra therefore conclude counsel investigation petitioner background limited psi dss records finding schlaich nethercott investigation meet strickland performance standards emphasize strickland require counsel investigate every conceivable line mitigating evidence matter unlikely effort assist defendant sentencing strickland require defense counsel present mitigating evidence sentencing every case conclusions interfere constitutionally protected independence counsel heart strickland base conclusion much limited principle strategic choices made less complete investigation reasonable extent reasonable professional judgments support limitations investigation decision investigate thus must directly assessed reasonableness circumstances counsel investigation wiggins background reflect reasonable professional judgment decision end investigation neither consistent professional standards prevailed reasonable light evidence counsel uncovered social services records evidence led reasonably competent attorney investigate counsel pursuit bifurcation eve sentencing partial presentation mitigation case suggest incomplete investigation result inattention reasoned strategic judgment deferring counsel decision pursue mitigation case despite unreasonable investigation maryland appeals unreasonably applied strickland furthermore partially relied erroneous factual assumption requirements habeas relief established thus satisfied iii order counsel inadequate performance constitute sixth amendment violation petitioner must show counsel failures prejudiced defense strickland strickland made clear establish prejudice defendant must show reasonable probability counsel unprofessional errors result proceeding different reasonable probability probability sufficient undermine confidence outcome assessing prejudice reweigh evidence aggravation totality available mitigating evidence case review circumscribed state conclusion respect prejudice neither state courts reached prong strickland analysis mitigating evidence counsel failed discover present case powerful selvog reported based conversations wiggins members family see reply brief petitioner wiggins experienced severe privation abuse first six years life custody alcoholic absentee mother suffered physical torment sexual molestation repeated rape subsequent years foster care time wiggins spent homeless along diminished mental capacities augment mitigation case petitioner thus kind troubled history declared relevant assessing defendant moral culpability penry lynaugh vidence defendant background character relevant belief long held society defendants commit criminal acts attributable disadvantaged background may less culpable defendants see also eddings oklahoma noting consideration offender life history process inflicting penalty lockett ohio invalidating ohio law permit consideration aspects defendant background given nature extent abuse petitioner suffered find reasonable probability competent attorney aware history introduced sentencing admissible form may well strategically defensible upon reasonably thorough investigation focus wiggins direct responsibility murder two sentencing strategies necessarily mutually exclusive given strength available evidence reasonable attorney may well chosen prioritize mitigation case direct responsibility challenge particularly given wiggins history contained little double edge found justify limited investigations cases cf burger kemp darden wainwright dissent nevertheless maintains wiggins counsel altered chosen strategy focusing exclusively wiggins direct responsibility murder see post made clear counsel position make reasonable strategic choice whether focus wiggins direct responsibility sordid details life history investigation supporting choice unreasonable see supra moreover noted see supra wiggins counsel focus solely wiggins direct responsibility counsel told sentencing jury going hear kevin wiggins difficult life app never followed suggestion find jury confronted considerable mitigating evidence reasonable probability returned different sentence reaching conclusion need dissent suggests post make evidentiary findings issue sentencing rather evaluate totality evidence adduced trial evidence adduced habeas proceeding williams taylor emphasis added event contrary dissent assertion appears selvog report may admissible maryland law whittlesey maryland md maryland appeals vacated trial decision excluding hearsay grounds testimony selvog instructed trial judge exercise discretion admit relevant reliable mitigating evidence including hearsay evidence might admissible phase trial relaxed standard observed provide factfinder opportunity consider aspect defendant character record defendant proffers basis sentence less death ibid see also ball state md noting trial judge admitted selvog social history report defendant dissent dismisses contents social history report calling wiggins liar claims sexual abuse uncorroborated gossip post maryland appears consider type evidence relevant sentencing see whittlesey supra reasons relaxing rules evidence apply particular force death penalty context even state contests wiggins suffered various types abuse neglect detailed psi dss records selvog social history report wiggins sentencing jury heard one significant mitigating factor wiggins prior convictions jury able place petitioner excruciating life history mitigating side scale reasonable probability least one juror struck different balance cf borchardt maryland md noting long single juror concludes mitigating evidence outweighs aggravating evidence death penalty imposed app instructing jury unanimously find state proven preponderance evidence aggravating circumstance outweigh mitigating circumstances consider whether death appropriate sentence moreover contrast petitioner williams taylor supra wiggins record violent conduct introduced state offset powerful mitigating narrative cf rehnquist dissenting noting williams savagely beaten elderly woman stolen two cars set fire home stabbed man robbery confessed choking two inmates breaking fellow prisoner jaw federal district found mitigating evidence case stronger state evidence support death penalty far weaker williams found prejudice result counsel failure investigate present mitigating evidence thus conclude available mitigating evidence taken whole might well influenced jury appraisal wiggins moral culpability accordingly judgment appeals fourth circuit reversed case remanded proceedings consistent opinion ordered kevin wiggins petitioner sewall smith warden et al writ certiorari appeals fourth circuit june justice scalia justice thomas joins dissenting today vacates kevin wiggins death sentence ground trial counsel investigation potential mitigating evidence incomplete ante wiggins trial counsel testified oath however aware basic features wiggins troubled childhood claims overlooked app chooses disbelieve testimony reasons withstand analysis moreover even disbelief plausibly entertained certainly establish requires maryland appeals unreasonable believing therefore concluding counsel adequately investigated wiggins background also fails observe requirement federal habeas courts respect factual determinations rebutted clear convincing evidence decision sets naught statutory scheme described highly deferential standard evaluating rulings lindh murphy respectfully dissent wiggins claims death sentence violates strickland washington trial attorneys investigated background learned presented jury following evidence according family members wiggins mother alcoholic neglected children failed feed properly app pet cert according wiggins sister india wiggins mother intentionally burned wiggins hands kitchen stove punishment playing matches wiggins placed foster care age six mother neglect moved various foster families according wiggins one foster parents sexually abused three times week sometimes every day eight years old according wiggins age knocked unconscious raped two foster mother teenage children according wiggins joined job corps age job corps administrator sexual advances became sexually involved later according wiggins job corps supervisor drugged wiggins woke knew anally penetrated wiggins borderline mentally retarded information contained social history report prepared social worker hans selvog use state postconviction proceedings proceedings carl schlaich one wiggins two trial attorneys testified although retain social worker assemble social history report nevertheless detailed knowledge wiggins background knew wiggins kevin wiggins removed natural mother result finding neglect abuse six years old correct believe tracked got social service records social service records knew also knew sic reports sexual abuse one foster homes okay also knew hands burned child result mother abuse also knew homosexual overtures made toward job corp supervisor also knew borderline mentally retarded knew least knew reported people reports knew yes app light testimony maryland appeals found counsel investigate aware wiggins background wiggins state md emphasis original specifically ounsel aware wiggins unfortunate childhood determinations factual issues binding federal habeas courts including unless rebutted clear convincing relying factual findings maryland appeals rejected wiggins claim trial attorneys failed adequately investigate potential mitigating evidence wiggins trial counsel said detailed graphic history prepared selvog constitutional deficiency see gilliam state md cert denied burger kemp state adjudicated wiggins sixth amendment claim merits bars habeas relief unless decision contrary involved unreasonable application clearly established federal law determined based unreasonable determination facts light evidence presented state proceeding concludes without foundation maryland appeals decision failed tests shall discuss turn concluding maryland appeals unreasonably applied clearly established precedents disregards command clearly established federal law determined used assessing reasonableness decisions misdescribes state opinion ignoring requirement federal habeas courts respect factual determinations defined clearly established federal law determined encompass holdings decisions time relevant decision williams taylor emphasis added yet discussing precedents clearly established respect ineffectiveness claims relies upon case williams taylor supra postdates maryland decision rejecting wiggins sixth amendment claim see ante concedes williams clearly established federal law time maryland appeals decision ante yet believes may ignore strictures ground williams case us habeas review therefore made new law resolving ineffectiveness claim ibid wrong premise conclusion although williams habeas case reviewed first prong habeas petitioner strickland claim question de novo williams surmounted bar habeas relief held virginia analysis respect strickland second prong prejudice prong contrary unreasonable application clearly established precedents see williams supra left us free provide habeas relief since state raised teague defense see teague lane proceeded analyze contention de novo rather clearly established law clear fact cited cases discussion question see rejected claim even though acknowledging trial counsel well made thorough investigation strickland eschewed imposition rules counsel specifically stating aba standards upon williams later relied guides determining reasonable guides emphasis added williams make new law law clearly established time maryland appeals decision even correct characterization williams still justify decision ignore act congress whether williams made new law williams held clearly established precedent time state decision used find fault state opinion means says simply defies congressionally imposed limits federal habeas review concludes strickland applied unreasonably thereby satisfied maryland appeals conclusion trial counsel adequately investigated wiggins background see wiggins unreasonable assessment possibly sustained particularly light state factual determinations bind analysis point rests upon fundamental fallacy state clearly assumed counsel investigation began ended psi dss records ante demonstrably state observe wiggins trial attorneys available presentence investigation psi report maryland department social services dss reports wiggins supra absolutely nothing opinion says assumes sources counsel relied rather makes assumption rather bald assertion see ante asserting counsel cease investigation upon receipt psi dss reports ante referring ounsel decision expand investigation beyond psi dss records maryland appeals assumed wiggins trial counsel looked psi dss reports record clear wiggins trial attorneys investigated well beyond sources investigators interviewed wiggins family members see defendant supplemental answer state discovery request filed cir baltimore lodging respondents wiggins trial attorneys hired psychologist william stejskal reviewed dss records conducted clinical interviews performed six different psychological tests wiggins ibid app criminologist robert johnson interviewed wiggins testified wiggins adjust adequately life prison schlaich also testified state postconviction proceedings knew information wiggins background contained dss psi reports allegation wiggins mother burned hands child schlaich must investigated sources beyond reports notes ante maryland appeals expressly state counsel investigation extended beyond psi dss records reason whatever since found counsel investigate aware appellant background wiggins supra since finding based record clearly demonstrates investigation beyond psi dss reports failure recite obvious record surely provides basis believing stupidly assumed opposite obvious record one eliminates mischaracterization opinion assumed wiggins counsel knew contained dss psi reports basis finding unreasonable believe counsel investigation adequate noted earlier schlaich testified state postconviction proceedings aware essential items contained social history report knew wiggins subjected neglect abuse mother app reports sexual abuse one foster homes mother burned hands child job corps supervisor made homosexual overtures towards wiggins mentally retarded schlaich explained although aware potential mitigating evidence chose present jury strategic reason namely conflict efforts persuade jury wiggins principal lacs murder kill lacs hand two possible responses testimony might salvage wiggins claim first declare schlaich inescapable duty hire social worker construct social history report regardless schlaich knowledge wiggins background petitioner makes suggestion see brief petitioner asserting normative time wiggins case capital defense lawyers maryland obtain social history flirts accepting see ante professional standards prevailed maryland time wiggins trial included defense capital cases preparation social history report citing aba guidelines appointment performance counsel death penalty cases hereinafter aba guidelines says counsel make efforts discover reasonably available mitigating emphasis added think requirement social history part clearly established federal law requires events occurred absurd nothing clearly established precedents requires counsel retain social worker already largely aware client background contrary strickland emphasizes countless ways provide effective assistance given case revailing norms practice reflected american bar association standards like guides determining reasonable guides cf ante treating aba guidelines norms inconceivable schlaich assuming testified truthfully regarding detailed knowledge wiggins troubled childhood app need hire social worker comport strickland competence standards certainly unreasonable maryland appeals conclude otherwise second possible response schlaich testimony extensive awareness wiggins background assert schlaich lied assumes sub silentio throughout opinion schlaich telling truth testified knew reports sexual abuse one wiggins foster homes see ante counsel investigated may well discovered sexual abuse later revealed state postconviction proceedings eventually declares disbelieves schlaich ante conclusion rests upon blatant mischaracterization record improper shifting burden proof state demonstrate schlaich awareness wiggins background rather requiring wiggins prove schlaich ignorance importantly simply enough conclude ante infer schlaich postconviction testimony counsel looked psi dss reports investigating petitioner background least reasonable believe schlaich told truth unreasonable maryland appeals conclude wiggins trial attorneys conducted adequate investigation background see schlaich testimony must false insists social services records contain evidence sexual abuse questions put schlaich postconviction testimony referred knew social services records ante true schlaich never asked knew social services records regard alleged sexual abuse particular schlaich answered following question also knew sic reports sexual abuse one foster homes question refe schlaich knew social services records declares neither way questions put schlaich regarding knowledge wiggins background see app wiggins postconviction counsel simply never asked schlaich reveal source knowledge schlaich likely source knowledge alleged sexual abuse wiggins even hans selvog extensive social history report unearthed documentation corroborating witnesses respect claim see app pet cert however dismisses possibility two reasons first record contains evidence counsel ever pursued line questioning wiggins ante statement calls get bearings burden proof wiggins show counsel made decision without adequate knowledge see strickland counsel testified oath particular knowledge burden counsel show obtained wiggins wishes impeach testimony show counsel obtained thus absence evidence record whether schlaich pursued line questioning wiggins dooms rather fortifies wiggins claim wiggins produced evidence anything hans selvog social history report unknown schlaich evidence source selvog relied used schlaich second reason rejecting possibility schlaich learned alleged sexual abuse wiggins even incomprehensible claims phrase people reports unusual way counsel refer conversations client ante schlaich never used phrase people reports describing learned alleged sexual abuse wiggins foster homes schlaich testified learned wiggins borderline mental retardation reported people reports also knew borderline mentally retarded knew least knew reported people reports knew yes app emphasis added clear schlaich said least knew reported people reports emphasis added referred fact wiggins borderline mentally retarded details wiggins background schlaich previously testified knew final reason disbelieving schlaich sworn testimony failure mention alleged sexual abuse proffer mitigating evidence introduce trial granted motion bifurcate counsel failure include proffer powerful evidence repeated sexual abuse explicable assume counsel knowledge abuse ante evidence sexual abuse consisted wiggins assertions see app app pet cert evidence exactly worthy flattering description powerful nothing proffer unless schlaich declared intent put wiggins stand given counsel chosen trial strategy prevent wiggins testifying sentencing proceedings decision mention sexual abuse proffer perfectly consistent counsel claimed knowledge alleged abuse course reasons offers range incredible feeble used support conclusion independent judgment schlaich lying even attempt establish must objectively unreasonable state believe schlaich testimony therefore conclude conducted adequate investigation wiggins background possibly make showing wiggins produced direct evidence attorneys uninformed respect anything background muster circumstantial evidence beyond powerfully unconvincing fact schlaich failed mention allegations sexual abuse proffer make things worse still bound though one know opinion state factual determinations wiggins trial counsel investigate aware wiggins background wiggins emphasis original ounsel aware wiggins unfortunate childhood see least reasonable believe schlaich testimony requires us respect state factual determination wiggins trial attorneys aware wiggins background maryland appeals legal conclusion trial counsel detailed graphic history prepared selvog constitutional deficiency wiggins supra emphasis added unassailable holds alternative wiggins satisfied allows habeas petitioner escape bar relief state adjudication claim resulted decision based unreasonable determination facts light evidence presented state proceeding emphasis added says maryland appeals wrongly claimed wiggins social service records recorded incidences sexual abuse made claim true enough concede wiggins rebutted presumption correctness clear convincing evidence requires clear convincing reading dss records contain evidence sexual abuse also assume arguendo state error unreasonable light evidence presented proceeding given conclusion case made still suffers irreparable defect maryland appeals decision based mistaken factual determination difference make whether social services records contained evidence sexual abuse even decision light schlaich sworn testimony aware alleged sexual abuse source schlaich knowledge whether obtained dss reports wiggins consequence thing mattered schlaich knew testified oath knew enough wiggins background make reasonable proceed without report social worker opinion even discuss requirement unreasonable determination facts one decision based ii indefensible holding wiggins avoided bar relief alone enough entitle wiggins habeas relief sixth amendment claim wiggins still must establish prejudiced counsel alleged error strickland specifically wiggins must demonstrate trial attorneys retained licensed social worker assemble social history client reasonable probability attorneys chosen present social history evidence jury upon hearing evidence jury spared life analysis points continues disregard record determined procession towards seemingly preordained result reasonable probability investigation altered chosen strategy wiggins trial counsel noted earlier schlaich well aware without benefit social history report wiggins troubled childhood background remains bound even concluding wiggins satisfied standards state factual determination wiggins trial attorneys aware wiggins background wiggins aware wiggins unfortunate childhood see wiggins trial attorneys chose however present evidence wiggins background jury deliberate tactical decision concentrate effort convincing jury appellant principal killing ms lacs wiggins supra wiggins shown incremental information hans selvog report induced counsel change course schlaich testified oath presenting type evidence selvog report conflicted chosen defense strategy raise doubts wiggins role principal wanted avoid shotgun approach jury app testimony entirely unrefuted statement time trial counsel position make reasonable strategic choice alleged inadequate investigation ante schlaich presented testimony state postconviction proceedings doubt fully aware details wiggins background see app irrelevant whether hypothetical reasonable attorney might introduced evidence alleged sexual abuse ante wiggins attorneys done therefore wiggins prejudiced allegedly inadequate investigation simply nothing show even dare assert reasonable probability evidence introduced case ante almost selvog evidence inadmissible time wiggins trial maryland law provides evidence capital sentencing proceeding must reliable admissible see whittlesey state md many anecdotes regarding wiggins childhood consist baldest hearsay statements neither taken given oath subjected even submitted form signed affidavit consider example allegation wiggins foster father sexually abused three times week sometimes everyday app pet cert source information wiggins unsworn interview hans selvog absolutely documentation corroboration claim app allegedly abusive foster parent apparently deceased wiggins however examined pediatrician time supposed biweekly daily sexual abuse occurred pediatrician report mentioned signs sexual abuse app pet cert app much evidence selvog report including wiggins claim drugged job corps supervisor raped unconscious raped teenage sons fourth foster home also undocumented based entirely wiggins treats uncorroborated gossip established ante indeed even refers powerful evidence assumes wiggins lawyers simply handed hans selvog report jury nothing truth state circuit explained rejecting wiggins sixth amendment claim selvog report great deal difficulty getting evidence maryland licensed maryland report contains multiple instances hearsay contains many opinions nature diagnosis medical nature app pet cert contends selvog report may admissible ante relying contention upon whittlesey state supra whittlesey however merely vacated trial judge decision report assembled selvog per se inadmissible hearsay grounds remanded determination whether hearsay evidence reliable thus unless prepared make implausible contention wiggins hearsay statements selvog report reliable maryland law basis conclusion maryland considers type evidence sentencing ante state circuit present case decision postdated whittlesey certainly think selvog report met standard reliability app pet cert assessment undoubtedly correct wiggins accounts background reported selvog hearsay statements convicted murderer trial testimony case demonstrates serial liar wiggins lied geraldine armstrong told lacs car belongs buddy min app lied told police obtained lacs car credit cards friday afternoon rather thursday lied armstrong obtained lacs ring ibid knowing information provided selvog used attack death sentence wiggins every incentive lie supposed abuse suffered hearsay statements selvog report pertaining alleged sexual abuse especially dubious reliability maryland courts consistently refused allow hearsay evidence regarding alleged sexual abuse except statements provided victim treating physician see bohnert state md refusing admit evidence social worker opinion based child unsubstantiated averments child sexually abused nixon state md app child protective services agent testimony retarded teenager told agent sexually abused inadmissible hearsay low state md app refusing admit evidence examining physician testimony regarding child statements sexual abuse given anecdotes selvog report unreliable therefore inadmissible way wiggins trial attorneys presented allegations jury place wiggins witness stand wiggins established assert reasonable probability done given dangers saw exposing client wide range issues see app wiggins trial attorneys advising open take witness stand must answer question asked question judge rules permissible question perception dangers must surely heightened observation wiggins volatile obnoxious behavior throughout trial see wiggins interrupting judge statement verdict say ca tell going go ca tell wiggins interrupting prosecutor opening argument say going take kill lady going sit take even indulging sake argument belief selvog report may admissible ante prejudice discussion simply assumes without analysis sentencing jury believed report hearsay accounts wiggins statements ante yet jury learned guilt phase trial wiggins proven liar see app wiggins aided credibility jury avoiding witness stand funneling story social worker doubt much wiggins jury shared uncritical wholesale acceptance hearsay claims today decision extraordinary even death different jurisprudence see simmons south carolina scalia dissenting fails give effect requirement state factual determinations presumed correct disbelieves sworn testimony member bar treating hearsay accounts statements convicted murderer established fact dissent footnotes provides proceeding instituted application writ habeas corpus person custody pursuant judgment state determination factual issue made state shall presumed correct applicant shall burden rebutting presumption correctness clear convincing evidence incident contained social history report schlaich confirm knowledge occurrence sexual abuse one wiggins foster homes knowledge remained unconfirmed question posed asked whether knew reports abuse foster homes app record show schlaich knew incidents degree detail contained social history report show either short given schlaich testimony basis finding without knowledge anything social history report defends refusal adhere factual determinations ground maryland appeals conclusion scope counsel investigation met legal standards set forth strickland represented objectively unreasonable application precedent ante inadequate response several reasons first course determining scope counsel investigation bound accept maryland appeals factual findings counsel knew wiggins background including unfortunate childhood inadequate response secondly even concludes petitioner avoided bar relief misapplication strickland alleged mistaken factual assumption counsel learned sexual abuse dss records ante still must observe presumption correctness deciding merits habeas question see cockrell introducing evidence wiggins suffered semiweekly perhaps daily sexual abuse child example led jury conclude horrible experience made wiggins precisely type person perpetrate bizarre crime woman found drowned bathtub apartment clothed missing underwear sprayed black flag ant roach killer wiggins postconviction lawyers increased credibility anecdotes assisted prejudice determination least wiggins testify oath state postconviction proceedings allegedly abusive childhood perhaps anticipating correctly alas succeed getting vacate jury verdict death basis rumor innuendo social history report never admissible law