Williams v. Taylor, 529 U.S. 362, 54 (2000)

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Cite as: 529 U. S. 362 (2000)

Opinion of O'Connor, J.

however, see ante, at 393, Williams' case did not implicate the unusual circumstances present in cases like Lockhart or Nix v. Whiteside, 475 U. S. 157 (1986). Accordingly, for the very reasons I set forth in my Lockhart concurrence, the emphasis on outcome was entirely appropriate in Williams' case.

Third, I also agree with the Court that, to the extent the Virginia Supreme Court did apply Strickland, its application was unreasonable. See ante, at 395-398. As the Court correctly recounts, Williams' trial counsel failed to conduct an investigation that would have uncovered substantial amounts of mitigation evidence. See ante, at 395-396. For example, speaking only of that evidence concerning Williams' "nightmarish childhood," ante, at 395, the mitigation evidence that trial counsel failed to present to the jury showed that "Williams' parents had been imprisoned for the criminal neglect of Williams and his siblings, that Williams had been severely and repeatedly beaten by his father, that he had been committed to the custody of the social services bureau for two years during his parents' incarceration (including one stint in an abusive foster home), and then, after his parents were released from prison, had been returned to his parents' custody," ibid. (footnote omitted). See also ante, at 395, n. 19. The consequence of counsel's failure to conduct the requisite, diligent investigation into his client's troubling background and unique personal circumstances manifested itself during his generic, unapologetic closing argument, which provided the jury with no reasons to spare petitioner's life. More generally, the Virginia Circuit Court found that Williams' trial counsel failed to present evidence showing that Williams "had a deprived and abused upbringing; that he may have been a neglected and mistreated child; that he came from an alcoholic family; . . . that he was borderline mentally retarded;" and that "[his] conduct had been good in certain structured settings in his life (such as when he was incarcerated)." App. 422-423. In addition, the Circuit

415

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