Legal Opinion · Dissent

Wiggins v. Smith, Warden

Supreme Court of the United States

Decided June 26, 2003No. 02-311Published

1DissentJustice Scalia

The Court today vacates Kevin Wiggins’ death sentence on the ground that his trial counsel’s investigation of potential mitigating evidence was “incomplete.” Ante, at 534. Wiggins’ trial counsel testified under oath, however, that he was aware of the basic features of Wiggins’ troubled childhood that the Court claims he overlooked. App. 490-491. The Court chooses to disbelieve this testimony for reasons that do not withstand analysis. Moreover, even if this disbelief could plausibly be entertained, that would certainly not establish (as 28 U. S. C. § 2254(d) requires) that the Maryland Court…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Lindh v. MurphySupreme Court of the United States · 1997

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