Woodford v. Visciotti, 537 U.S. 19, 5 (2002) (per curiam)

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Cite as: 537 U. S. 19 (2002)

Per Curiam

turning on whether there was a "reasonable probability" that the sentencing jury would have reached a more favorable penalty-phase verdict. 14 Cal. 4th, at 352, 353, 926 P. 2d, at 1003, 1004. The following passage, moreover, was central to the California Supreme Court's analysis:

"In In re Fields, . . . we addressed the process by which the court assesses prejudice at the penalty phase of a capital trial at which counsel was, allegedly, incompetent in failing to present mitigating evidence: 'What kind of evidentiary showing will undermine confidence in the outcome of a penalty trial that has resulted in a death verdict? Strickland . . . and the cases it cites offer some guidance. United States v. Agurs . . . , the first case cited by Strickland, spoke of evidence which raised a reasonable doubt, although not necessarily of such character as to create a substantial likelihood of acquittal. . . . United States v. Valenzuela-Bernal . . . , the second case cited by Strickland, referred to evidence which is "material and favorable . . . in ways not merely cumulative. . . ." ' " Id., at 353-354, 926 P. 2d, at 1004.

"Undermin[ing] confidence in the outcome" is exactly Strickland's description of what is meant by the "reasonable probability" standard. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland, supra, at 694.

Despite all these citations of, and quotations from, Strickland, the Ninth Circuit concluded that the California Supreme Court had held respondent to a standard of proof higher than what that case prescribes for one reason: in three places (there was in fact a fourth) the opinion used the term "probable" without the modifier "reasonably." 288 F. 3d, at 1108-1109, and n. 11. This was error. The California Supreme Court's opinion painstakingly describes the Strickland standard. Its occasional shorthand reference to that

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