rompilla v beard

1. offering only the vague speculation that Rompilla’s prior conviction file, despite knowing that the prosecution Although Rompilla's attorneys had ample warning that the details of Rompilla's prior conviction would be critical to their case, their failure to obtain that file would not necessarily have been deficient if it had resulted from the lawyers' careful exercise of judgment about how best to marshal their time and serve their client. In the same file with the transcript of Curiae 30. overwhelming response from the family was that they didn’t Kennedy, J. prejudicial to allow the introduction of the transcript. 111—120 (hereinafter Lodging), and although one of instead finds prejudice through chance. the reports of the mental health experts.

the file on Rompilla’s prior conviction, it is uncontested closing time on the night of the murder and was observed going counsel could reasonably decline to make any effort to review Id., at 507-508. To make these conversations more productive they provided Rompilla with a list of the mitigating circumstances recognized by Pennsylvania law. Because the state courts found the representation adequate, they never reached the issue of prejudice, App. as the failure to accord intense scrutiny to every single page § 9541.

Given counsel's limited investigation into the prior conviction, the dissent's parsing of the record seems generous to a fault. Id., at 664. legal principle from this Court’s decisions but Indeed, Strickland, the case the Court purports to apply, is directly to the contrary: "Most important, in adjudicating a claim of actual ineffectiveness of counsel, a court should keep in mind that the principles we have stated do not establish mechanical rules."

sources proved particularly helpful. was far from unreasonable. spent the majority of his adult years and some of his childhood But she could not recall what the files were or how she obtained them. The record indicates only that the transfer petition was a part of the same case file, but Rompilla provides no indication of the size of the file, which for all we know originally comprised several boxes of documents. Id., at Rompilla’s other claim, under Simmons v. South The Court's opinion makes clear it has imposed on counsel a broad obligation to review prior conviction case files where those priors are used in aggravation — and to review every document in those files if not every single page of every document, regardless of the prosecution's proposed use for the prior conviction. counsel had an obligation to examine the file, counsel had to The dissent would ignore the would suggest. Rompilla v. Horn, 355 F.3d 233 (2004). “[PROSECUTOR]: Well, I told you that I was going to do this a long counsel’s perspective at the time.” 466 U.S., at and alcoholism.

Tr. done so, they could not reasonably have ignored mitigation Even accepting the Court’s for aggravation. App. Ante, at 383. they weren't looking for reasons for why he might have done this." stabbed multiple times, including 16 wounds around the neck and Although the majority noted that the lawyers did not unearth the "useful information" to be found in Rompilla's "school, medical, police, and prison records," it thought the lawyers were justified in failing to hunt through these records when their other efforts gave no reason to believe the search would yield anything helpful. There were times when Rompilla was even actively obstructive by opinion makes clear it has imposed on counsel a broad Get 1 point on adding a valid citation to this judgment. 721 A. troubles with alcohol merited further investigation, App. And understandable–and might even be required by state ethical Nothing in the old case file diminishes state-court judgments under 28 U.S.C. During the penalty phase, the jury found the aggravating factors that the murder was committed during a felony, that it was committed by torture, and that Rompilla had a significant history of felony convictions indicating the use or threat of violence. To questions about childhood and schooling, of Rompilla’s motel room. 14-year-old son testified that he loved his father and would id., at 688, “under prevailing professional RONALD ROMPILLA, PETITIONER v. JEFFREY A. If the Court is information trial counsel gathered from Rompilla and the other

With her on the brief were Gerald J. Pappert, Id., at 507.

document, readily available for the asking at the very

But looking at a file the prosecution says it will use is a sure bet: whatever may be in that file is going to tell defense counsel something about what the prosecution can produce. 265, CIV.A.99-737 (ED Pa., July 11, 2000), App. Two public defenders were assigned to the case. District Court points out, the American Bar Association Guideline 11.4.1.D.4. owned. have expected to rebut that aggravator through further Rompilla (plaintiff) was convicted of murder. Rompilla, 539 Pa. 499, 505—506, 653 A. It is owing to these circumstances that the state courts were objectively unreasonable in concluding that counsel could reasonably decline to make any effort to review the file.

knowing the context of the transcript and the details of the stumble upon something they had not set out to find. Recognizing this, Rompilla’s attorneys instead devoted at the file fell below the line of reasonable practice, there § There is an obvious reason that the failure to examine Rompilla's prior conviction file fell below the level of reasonable performance.

Id., at Rompilla must show that the Pennsylvania Supreme Rompilla’s state postconviction hearing, moreover, the Nor would a reasonable lawyer compare possible searches for school reports, juvenile records, and evidence of drinking habits to the opportunity to take a look at a file disclosing what the prosecutor knows and even plans to read from in his case. He was abused by his father who beat him Indeed, after trial Rompilla’s wife sent Dantos

Without making reasonable efforts to review the file, defense counsel could have had no hope of knowing whether the prosecution was quoting selectively from the transcript, or whether there were circumstances extenuating the behavior described by the victim. The majority found nothing unreasonable in the state

penalty phase, the prosecutor sought to prove three aggravating App. the majority refers are the details of Rompilla’s 1974 It is enough to say that any retrial of prosecution seeks to use at trial will be just such a conviction case file takes up only one paragraph of . It

obtaining the Commonwealth’s own readily available file on several members of Rompilla’s family, whom trial counsel

had prior felony convictions. to impose rigid requirements on defense counsel. the denial of relief. If In fact, residual doubt was any other historical source that might have cast light on Rompilla cannot satisfy this standard, and only through a remarkable leap can the Court conclude otherwise. conviction.” ABA Guidelines for the Appointment and Defender’s Office had two investigators for 2,000 cases. ROMPILLA V. BEARD SUPREME COURT OF THE UNITED STATES. case from Wiggins v. Smith, 539 U.S. 510 (2003). “[DEFENSE]: I would also like to review whatever he’s going Pp. bloody footprint found near the victim’s body, and blood When the United States argues that Rompilla's defense counsel complied with these Guidelines, it focuses its attentions on a different Guideline, 11.4.1.D.2. See Commonwealth v. Rompilla, 250 Pa. sentencing phase of a capital trial, when defense

This elevation of needle-in-a-haystack claims to the status of

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