Wiggins v. Smith, 539 U.S. 510, 30 (2003)

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Cite as: 539 U. S. 510 (2003)

Scalia, J., dissenting

neys, had they further investigated his background, would have learned—and could have presented to the jury—the following evidence: (1) According to family members, Wiggins' mother was an alcoholic who neglected her children and failed to feed them properly, App. to Pet. for Cert. 165a-169a; (2) according to Wiggins and his sister India, Wiggins' mother intentionally burned 5-year-old Wiggins' hands on a kitchen stove as punishment for playing with matches, id., at 169a-171a; (3) Wiggins was placed in foster care at age six because of his mother's neglect, and was moved in and out of various foster families, id., at 173a-192a; (4) according to Wiggins, one of his foster parents sexually abused him " 'two or three times a week, sometimes everyday,' " when he was eight years old, id., at 177a-179a; (5) according to Wiggins, at age 16 he was knocked unconscious and raped by two of his foster mother's teenage children, id., at 190a; (6) according to Wiggins, when he joined the Job Corps at age 18 a Job Corps administrator "made sexual advances . . . and they became sexually involved," id., at 192a-193a (later, according to Wiggins, the Job Corps supervisor drugged him and when Wiggins woke up, he "knew he had been anally penetrated," id., at 193a); and (7) Wiggins is " 'borderline' " mentally retarded, id., at 193a-194a. All this information is contained in a "social history" report prepared by social worker Hans Selvog for use in the state postconviction proceedings.

In those proceedings, Carl Schlaich (one of Wiggins' two trial attorneys) testified that, although he did not retain a social worker to assemble a "social history" report, he nevertheless had detailed knowledge of Wiggins' background:

" 'Q But you knew that Mr. Wiggins, Kevin Wiggins, had been removed from his natural mother as a result of a finding of neglect and abuse when he was six years old, is that correct? " 'A I believe that we tracked all of that down.

539

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