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Criminal Procedure keyed to Saltzburg
Wiggins v. Smith
Facts
Petitioner Wiggins was tried and convicted for the murder of an elderly woman. He was represented by two attorneys, Nethercott and Schlaich. He elected to be tried before a judge, and was convicted. He elected to be sentenced by a jury, and received a death sentence. Nethercott first stated that the jury would hear evidence that someone other than the petitioner was guilty. She also stated that petitioner “has had a difficult life.” However, the counsel presented no evidence to demonstrate that fact. Defendant was sentenced to death. In his appeal, the petitioner challenged the adequacy of his initial counsel, arguing that the counsel had failed to investigate his dysfunctional background. The petitioner brought forth testimony from a social worker detailing the petitioner’s childhood of abuse. Schlaich testified that he did not remember retaining a social worker, instead opting for a strategy of “retry[ing] the factual case.” The trial court held that when the deci sion not to investigate is a tactical one, “there is no ineffective assistance of counsel.” This was affirmed by the Maryland Court of Appeals. Petitioner filed a petition for a writ of habeas corpus in Federal District Court, which found that the counsel should have looked further. The Fourth Circuit reversed, holding that the counsel had sufficient grounds to make a strategic decision.
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