Wiggins v. Smith

Infobox SCOTUS case
Litigants = Wiggins v. Smith
ArgueDate = March 24
ArgueYear = 2003
DecideDate = June 26
DecideYear = 2003
FullName = Kevin Wiggins, Petitioner v. Sewall Smith, Warden, et al.
USVol = 539
USPage = 510
OralArgument = http://www.supremecourtus.gov/oral_arguments/argument_transcripts/02-311.pdf
Citation =
Prior =
Subsequent =
Holding = The performance of Wiggins' attorneys at sentencing violated his Sixth Amendment right to effective assistance of counsel.
SCOTUS = 1994-2005
Majority = O'Connor
JoinMajority = Rehnquist, Stevens, Kennedy, Souter, Ginsburg, Breyer
Dissent = Scalia
JoinDissent = Thomas
LawsApplied =

"Wiggins v. Smith", ussc|539|510|2003 is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment. Previously the court had determined that the Sixth Amendment included the right to "effective assistance" of legal counsel, but it did not specify what constitutes "effective", thus leaving the standards for effectiveness vague. In "Wiggins v. Smith", the court set forth the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases Guideline 11.8.6.(1989), as a specific guideline by which to measure effectiveness and competence of legal counsel.

In "Strickland v. Washington", ussc|466|668|1984, the Supreme Court set forth the factors the defendant must establish to demonstrate that counsel was ineffective. First, it must be shown that counsel's performance fell below an objective standard of reasonable competence, and second, if counsel had not been competent, that the trial outcome would likely have been different had the counsel been competent. [cite web
url=http://www.supremecourtus.gov/oral_arguments/argument_transcripts/02-311.pdf
title=Transcript of oral arguments - Wiggins v. Smith
publisher=
accessdate=2007-10-11]

Facts of case

On September 17 1989, the victim was found dead in her bathtub, with signs of sexual assault and her apartment ransacked. Defendant Wiggins had been painting at her apartment building and was seen conversing with her on September 15. That same evening he went shopping with the victim's credit cards and took some of her jewelry to a pawnbroker. Four days later, Wiggins was arrested while driving the victim's car.

Wiggins was found guilty of first degree murder after a bench trial. After the trial, Wiggins elected to have a jury decide the sentence on the murder conviction. Counsel's investigation of Wiggins' background was rudimentary and contained only a superficial knowledge of his history from a few sources, omitting the information in detailed social service reports of severe physical and sexual abuse. The record of the sentencing proceedings suggests that counsels' failure to investigate the defendant's background stemmed from inattention, not strategic judgment. Counsel failed to follow the American Bar Association guidelines in not gathering all such information. Counsel said they had been intent on proving the defendant did not kill the victim with his own hand and had not prepared for the sentencing phase. Counsel presented no mitigating evidence to the jury at the sentencing phase. The jury concluded that the defendant was a principal in the first degree murder of the victim and sentenced Wiggins to death. [cite web
url=http://www.probono.net/deathpenalty/aba-guidelines-for-capital-counsel-case-summaries-july-2007.cfm?msg=ABA%20Guidelines%20Case%20Summaries%20(July%202007)%20was%20successfully%20updated.
title=Cases citing to the ABA Guidelines for the Appointment and Performance of Defense Counsel In Capital Cases (1989 and 2003 versions)
publisher=probono.net
accessdate=2007-10-12]

Wiggins obtained new counsel and sought post conviction relief on the grounds that his trial counsel was ineffective by failing to investigate and present mitigating evidence of his dysfunctional background. He presented expert testimony by a forensic mental health specialist who described his personal history including the severe physical and sexual abuse he had endured and its effect upon him. [cite web
url=http://law.onecle.com/ussc/539/539us510.html
title=Wiggins v. Smith, Warden, et al - Certiorari to the United States Court of Appeals for the Fourth Circuit
publisher=
accessdate=2007-10-12]

At a hearing, one of Wiggins' trial counsels testified that he had Wiggins' social services records before sentencing, and knew that it could be a mitigating factor in a capital case, but believed that the way to avoid the death penalty was to create reasonable doubt that petitioner was a principal in the first degree rather than present the mitigating factors. [cite web
url=http://supreme.lp.findlaw.com/supreme_court/briefs/02-311/02-311.mer.ami.usa.html
title=Keven Wiggins, Petitioner v. Sewall Smith, Warden, et al. (Capital Case) on Writ of Certiorari
publisher=Findlaw.com
accessdate=2007-10-12]

The state provided a post-conviction review of his case and the Maryland Court of Appeals upheld the trial court's findings. Wiggins then filed for federal habeas corpus relief. The Federal District Court found that defense counsel did not provide effective assistance at sentencing. However, on appeal, the Fourth Circuit Court of Appeals reversed, finding that defense counsel provided reasonable application of "Strickland v. Washington" standards. Upon appeal, the Supreme Court granted Wiggins' petition for certiorari.cite web
url=http://www.cjlf.org/briefs/WigginsS.htm
title=Kevin Wiggins, Petitioner, vs.Sewall Smith, Warden, et al., Amicus Curiae
publisher=Criminal Justice Legal Foundation
accessdate=2007-10-12]

Decision

The Supreme Court granted a new sentencing hearing, holding that Wiggins' Sixth Amendment right to effective assistance of counsel was violated. Trial counsel failed to adequately investigate and present mitigating evidence such as Wiggins' personal and social history of severe physical abuse and sexual assault, and none of this information was presented at the penalty phase of trial, thus prejudicing Wiggins' defense.cite web
url=http://www.law.cornell.edu/supct/html/02-311.ZS.html
title=Supreme Court of the United States - Wiggins v. Smith, Warden, et al.
publisher=Cornell University Law School
accessdate=2007-10-11] [cite web
url=http://findarticles.com/p/articles/mi_qa3975/is_200407/ai_n9454344
title=Wiggins v. Smith: The Ineffective Assistance of Counsel Standard Applied Twenty Years After Strickland
publisher=findarticles.com
accessdate=2007-10-11] The Supreme Court's decision stated that such an investigation is a key component of the strategic decision regarding what, if any, mitigating evidence to present during a sentencing hearing. [cite web
url=http://findarticles.com/p/articles/mi_qa3975/is_200407/ai_n9454344
title=Wiggins v. Smith: The Ineffective Assistance of Counsel Standard Applied Twenty Years After Strickland
publisher=findarticles.com
accessdate=2007-10-11]

The Court further held that the counsel's decision in defending a client facing the death penalty must be based on a thorough investigation of all possible mitigating factors. Failing that, it must be based on competent professional judgment providing sound reasons for limiting the investigation. [cite web
url=http://www.supremecourtus.gov/oral_arguments/argument_transcripts/02-311.pdf
title=Transcript of oral arguments - Wiggins v. Smith
publisher=
accessdate=2007-10-11]

ignificance

The Supreme Court attempted to improve on the vague and generalized language in "Strickland v. Washington" by adding an American Bar Association Guideline 11.8.6. This guideline suggests the content of counsel's investigative efforts should contain "medical history, educational history, employment and training history, family and social history, prior adult and juvenile correctional experience, and religious and cultural influences." This clarification allows for the presentation of psychological analysis without the presence of specific diagnosis. [cite web |url=http://www.cjlf.org/briefs/WigginsS.htm |title=Amicus Curiae of the Criminal Justice Legal Foundation in support of Respondents |publisher=Criminal Justice Legal Fountation |accessdate=2007-10-12 ] cite book | first=Melton | last=Gary | year= 1997 | title= Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers | edition= 2nd | publisher=The Guilford Press | location=New York | pages=265–267 | isbn=1572302364]

ee also

*"Bigby v. Dretke"
* List of United States Supreme Court cases, volume 539

References

External links

* [http://www.cjlf.org/briefs/WigginsS.htm Amicus Curiae of the Criminal Justice Legal Foundation in support of Respondents]