Wiggins v. Smith
Encyclopedia
Wiggins v. Smith, 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
, , 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.
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 card
s 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 capital 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
.
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.
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.
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
.
and sexual assault
, and none of this information was presented at the penalty phase of trial, thus prejudicing Wiggins' defense. 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.
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 factor
s. Failing that, it must be based on competent professional judgment providing sound reasons for limiting the investigation.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
spelled out standards for "effectiveness
Ineffective assistance of counsel
Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...
" in the constitutional right
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to legal counsel guaranteed by the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
. 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
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
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
Strickland v. Washington
In Strickland v. Washington, , the United States Supreme Court established a two-part test for establishing a claim of ineffective assistance of counsel...
, , 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
Competence (human resources)
Competence is the ability of an individual to perform a job properly. A competency is a set of defined behaviors that provide a structured guide enabling the identification, evaluation and development of the behaviors in individual employees. As defined, the term "competence" first appeared in...
, and second, if counsel had not been competent, that the trial outcome would likely have been different had the counsel been competent.
Facts of case
On September 17, 1989, the victim was found dead in her bathtub, with signs of sexual assaultSexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
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 card
Credit card
A credit card is a small plastic card issued to users as a system of payment. It allows its holder to buy goods and services based on the holder's promise to pay for these goods and services...
s and took some of her jewelry to a pawnbroker
Pawnbroker
A pawnbroker is an individual or business that offers secured loans to people, with items of personal property used as collateral...
. Four days later, Wiggins was arrested while driving the victim's car.
Wiggins was found guilty of capital murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
after a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
. After the trial, Wiggins elected to have a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
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
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
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
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
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
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
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.
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.
The state provided a post-conviction review of his case and the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
upheld the trial court's findings. Wiggins then filed for federal habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief. The Federal District Court
United States District Court for the District of Maryland
The United States District Court for the District of Maryland is the Federal district court whose jurisdiction is the state of Maryland....
found that defense counsel did not provide effective assistance at sentencing. However, on appeal, the Fourth Circuit Court of Appeals
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
reversed, finding that defense counsel provided reasonable application of Strickland v. Washington
Strickland v. Washington
In Strickland v. Washington, , the United States Supreme Court established a two-part test for establishing a claim of ineffective assistance of counsel...
standards. Upon appeal, the Supreme Court granted Wiggins' petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
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 abusePhysical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
and sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
, and none of this information was presented at the penalty phase of trial, thus prejudicing Wiggins' defense. 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.
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 factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s. Failing that, it must be based on competent professional judgment providing sound reasons for limiting the investigation.
Significance
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.See also
- Bigby v. DretkeBigby v. DretkeBigby v. Dretke 402 F.3d 551 , the U.S. Court of Appeals for the Fifth Circuit heard a case appealed from the United States District Court for the Northern District of Texas on the issue of the instructions given to a jury in death penalty sentencing...
- List of United States Supreme Court cases, volume 539
- List of United States Supreme Court cases