Wiggins v. Smith, Warden

539 U.S. 510, 123 S. Ct. 2527, 156 L. Ed. 2d 471, 2003 U.S. LEXIS 5014
CourtSupreme Court of the United States
DecidedJune 26, 2003
Docket02-311
StatusPublished
Cited by5,893 cases

This text of 539 U.S. 510 (Wiggins v. Smith, Warden) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiggins v. Smith, Warden, 539 U.S. 510, 123 S. Ct. 2527, 156 L. Ed. 2d 471, 2003 U.S. LEXIS 5014 (2003).

Opinions

[514]*514Justice O’Connor

delivered the opinion of the Court.

Petitioner, Kevin Wiggins, argues that his attorneys’ failure to investígate his background and present mitigating evidence of his unfortunate life history at his capital sentencing proceedings violated his Sixth Amendment right to counsel. In this case, we consider whether the United States Court of Appeals for the Fourth Circuit erred in upholding the Maryland Court of Appeals’ rejection of this claim.

I

A

On September 17, 1988, police discovered 77-year-old Florence Lacs drowned in the bathtub of her ransacked apartment in Woodlawn, Maryland. Wiggins v. State, 352 Md. 580, 585, 724 A. 2d 1, 5 (1999). The State indicted petitioner for the crime on October 20,1988, and later filed a notice of intention to seek the death penalty. Two Baltimore County public defenders, Carl Schlaich and Michelle Nethercott, assumed responsibility for Wiggins’ case. In July 1989, petitioner elected to be tried before a judge in Baltimore County [515]*515Circuit Court. Ibid. On August 4, after a 4-day trial, the court found petitioner guilty of first-degree murder, robbery, and two counts of theft. App. 32.

After his conviction, Wiggins elected to be sentenced by a jury, and the trial court scheduled the proceedings to begin on October 11, 1989. On September 11, counsel filed a motion for bifurcation of sentencing in hopes of presenting Wiggins’ case in two phases. Id., at 34. Counsel intended first to prove that Wiggins did not act as a “principal in the first degree,” ibid. — i. e., that he did not kill the victim by his own hand. See Md. Ann. Code, Art. 27, §413 (1996) (requiring proof of direct responsibility for death eligibility). Counsel then intended, if necessary, to present a mitigation case. In the memorandum in support of their motion, counsel argued that bifurcation would enable them to present each case in its best light; separating the two cases would prevent the introduction of mitigating evidence from diluting their claim that Wiggins was not directly responsible for the murder. App. 36-42, 37.

On October 12, the court denied the bifurcation motion, and sentencing proceedings commenced immediately thereafter. In her opening statement, Nethercott told the jurors they would hear evidence suggesting that someone other than Wiggins actually killed Lacs. Id., at 70-71. Counsel then explained that the judge would instruct them to weigh Wiggins’ clean record as a factor against a death sentence. She concluded: “ ‘You’re going to hear that Kevin Wiggins has had a difficult life. It has not been easy for him. But he’s worked. He’s tried to be a productive citizen, and he’s reached the age of 27 with no convictions for prior crimes of violence and no convictions, period. ... I think that’s an important thing for you to consider.’ ” Id., at 72. During the proceedings themselves, however, counsel introduced no evidence of Wiggins’ life history.

Before closing arguments, Schlaich made a proffer to the court, outside the presence of the jury, to preserve bifurca[516]*516tion as an issue for appeal. He detailed the mitigation case counsel would have presented had the court granted their bifurcation motion. He explained that they would have introduced psychological reports and expert testimony demonstrating Wiggins’ limited intellectual capacities and childlike emotional state on the one hand, and the absence of aggressive patterns in his behavior, his capacity for empathy, and his desire to function in the world on the other. See id., at 349-351. At no point did Schlaich proffer any evidence of petitioner’s life history or family background. On October 18, the court instructed the jury on the sentencing task before it, and later that afternoon, the jury returned with a sentence of death. Id., at 409-410. A divided Maryland Court of Appeals affirmed. Wiggins v. State, 324 Md. 551, 597 A. 2d 1359 (1991), cert. denied, 503 U. S. 1007 (1992).

B

In 1993, Wiggins sought postconviction relief in Baltimore County Circuit Court. With new counsel, he challenged the adequacy of his representation at sentencing, arguing that his attorneys had rendered constitutionally defective assistance by failing to investigate and present mitigating evidence of his dysfunctional background. App. to Pet. for Cert. 132a. To support his claim, petitioner presented testimony by Hans Selvog, a licensed social worker certified as an expert by the court. App. 419. Selvog testified concerning an elaborate social history report he had prepared containing evidence of the severe physical and sexual abuse petitioner suffered at the hands of his mother and while in the care of a series of foster parents. Relying on state social services, medical, and school records, as well as interviews with petitioner and numerous family members, Selvog chronicled petitioner’s bleak life history. App. to Pet. for Cert. 163a.

According to Selvog’s report, petitioner’s mother, a chronic alcoholic, frequently left Wiggins and his siblings home alone [517]*517for days, forcing them to beg for food and to eat paint chips and garbage. Id., at 166a-167a. Mrs. Wiggins’ abusive behavior included beating the children for breaking into the kitchen, which she often kept locked. She had sex with men while her children slept in the same bed and, on one occasion, forced petitioner’s hand against a hot stove burner — an incident that led to petitioner’s hospitalization. Id., at 167a-171a. At the age of six, the State placed Wiggins in foster care. Petitioner’s first and second foster mothers abused him physically, id., at 175a-176a, and, as petitioner explained to Selvog, the father in his second foster home repeatedly molested and raped him. Id., at 176a-179a. At age 16, petitioner ran away from his foster home and began living on the streets. He returned intermittently to additional foster homes, including one in which the foster mother’s sons allegedly gang-raped him on more than one occasion. Id., at 190a. After leaving the foster care system, Wiggins entered a Job Corps program and was allegedly sexually abused by his supervisor. Id., at 192a.

During the postconviction proceedings, Schlaich testified that he did not remember retaining a forensic social worker to prepare a social history, even though the State made funds available for that purpose. App. 487-488. He explained that he and Nethercott, well in advance of trial, decided to focus their efforts on “ ‘retrying] the factual case’ ” and disputing Wiggins’ direct responsibility for the murder. Id., at 485-486. In April 1994, at the close of the proceedings, the judge observed from the bench that he could not remember a capital case in which counsel had not compiled a social history of the defendant, explaining, “ ‘[n]ot to do a social history, at least to see what you have got, to me is absolute error. I just — I would be flabbergasted if the Court of Appeals said anything else.’” Id., at 605. In October 1997, however, the trial court denied Wiggins’ petition for postcon-viction relief. The court concluded that “when the decision not to investigate ... is a matter of trial tactics, there is no [518]*518ineffective assistance of counsel.” App. to Pet. for Cert. 155a-156a.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. Keyser
E.D. New York, 2025
Reed v. Genovese
M.D. Tennessee, 2021
(HC) Floyd v. Fox
E.D. California, 2021
(HC) Barkley v. Lizarraga
E.D. California, 2021
(HC) Greenhill v. Montgomery
E.D. California, 2021
(HC) Torres v. Lozano
E.D. California, 2020
(HC) Thurman v. Johnson
E.D. California, 2020
(HC) Vasquez v. Spearman
E.D. California, 2020
(HC) Pereira v. Swarthout
E.D. California, 2019
(HC) Moore v. Frauenheim
E.D. California, 2019
(HC) Foster v. Gastelo
E.D. California, 2019
(HC) Ortez-Lucero v. Hatton
E.D. California, 2019
(HC) Lopez v. Sherman
E.D. California, 2019
(HC) Fort v. Hatton
E.D. California, 2019
(HC) Williams v. Neuschmid
E.D. California, 2019
(HC) Goodwin v. Spearman
E.D. California, 2019

Cite This Page — Counsel Stack

Bluebook (online)
539 U.S. 510, 123 S. Ct. 2527, 156 L. Ed. 2d 471, 2003 U.S. LEXIS 5014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-smith-warden-scotus-2003.