Cite as: 539 U. S. 510 (2003)
Scalia, J., dissenting
Court remains bound, even after concluding that Wiggins has satisfied the standards of §§ 2254(d)(1) and (d)(2), by the state court's factual determination that Wiggins' trial attorneys "were aware of [Wiggins'] background," Wiggins, 352 Md., at 610, 724 A. 2d, at 16 (emphasis in original), and "were aware that [Wiggins] had a most unfortunate childhood," id., at 608, 724 A. 2d, at 15. See 28 U. S. C. § 2254(e)(1). Wiggins' trial attorneys chose, however, not to present evidence of Wiggins' background to the jury because of their "deliberate, tactical decision to concentrate their effort at convincing the jury that appellant was not a principal in the killing of Ms. Lacs." Wiggins, supra, at 608, 724 A. 2d, at 15.
Wiggins has not shown that the incremental information in Hans Selvog's social-history report would have induced counsel to change this course. Schlaich testified under oath that presenting the type of evidence in Selvog's report would have conflicted with his chosen defense strategy to raise doubts as to Wiggins' role as a principal, and that he wanted to avoid a "shotgun approach" with the jury. App. 504-505.4 (This testimony is entirely unrefuted by the Court's statement that at the time of trial counsel "were not in a position to make a reasonable strategic choice," because of their alleged inadequate investigation, ante, at 536. Schlaich presented this testimony in state postconviction proceedings, when there was no doubt he was fully aware of the details of Wiggins' background. See App. 490-491.) It is irrelevant whether a hypothetical "reasonable attorney" might have introduced evidence of alleged sexual abuse, ante, at 535-536; Wiggins' attorneys would not have done so, and therefore
4 Introducing evidence that Wiggins suffered semiweekly (or perhaps daily) sexual abuse as a child, for example, could have led the jury to conclude that this horrible experience made Wiggins precisely the type of person who could perpetrate this bizarre crime—in which a 77-year-old woman was found drowned in the bathtub of her apartment, clothed but missing her underwear, and sprayed with Black Flag Ant and Roach Killer.
553
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