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Wiggins v. Smith March 24, 2003 (02-311) return to case listing Case Summary Petitioner was tried and convicted of first degree murder. At sentencing, Petitioner's attorney decided to argue Petitioner's innocence but instead focused on his low IQ and difficult childhood. Despite this presentation, the jury sentenced Petitioner to death. Petitioner appealed the decision to the District Court of Maryland and argued that he received ineffective assistance of counsel because his attorney did not present his difficult past to the jury as mitigating evidence during sentencing. The court agreed and vacated Petitioner's death sentence. The Maryland Supreme Court reversed and found that Petitioner's attorney had made an informed and strategic decision that did not amount to ineffective assistance of counsel. Petitioner then sought habeas relief in federal court. The United States Court of Appeals for the Fourth Circuit held that Petitioner's counsel did not rise to the level of ineffective assistance. The opinion of the Fourth Circuit is found at 288 F.3d 629. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 5-4 to Reverse 5-4 to Affirm n/a 7-2 to Reverse VOTING TO REVERSE Stevens O'Connor Souter Ginsburg Breyer Stevens O'Connor Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Rehnquist Stevens O'Connor Kennedy Souter Ginsburg Breyer VOTING TO AFFIRM Rehnquist Scalia Kennedy Thomas Rehnquist Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Scalia Thomas return to case listing