Kevin Wiggins v. Sewall Smith, Warden

537 U.S. 1231

123 S.Ct. 1382

155 L.Ed.2d 194

KEVIN WIGGINS, PETITIONER

v.

SEWALL SMITH, WARDEN, ET AL.

No. 02-311.

Supreme Court of United States.

Argued March 24, 2003.

Decided June 26, 2003.

In 1989, petitioner Wiggins was convicted of capital murder by a Maryland judge and subsequently elected to be sentenced by a jury. His public defenders, Schlaich and Nethercott, moved to bifurcate the sentencing, representing that they planned to prove that Wiggins did not kill the victim by his own hand and then, if necessary, to present a mitigation case. The court denied the motion. At sentencing, Nethercott…