rompilla v beard 2005 case brief

"[DEFENSE]:Well, I think we need to look at the Indictment then.

723-724, counsel did not look for evidence of a history of dependence on alcohol that might have extenuating significance.
Guideline 11.4.1.D.2 concerns practices for working with the defendant and potential witnesses, and the United States contends that it imposes no requirement to obtain any one particular type of record or information. 495. Substantial evidence linked Rompilla to the crime. 1298, 1307, 1308. Both investigations should begin immediately upon counsel's entry into the case and should be pursued expeditiously. In addition, at least one of the interviewed siblings had actual knowledge of "the conditions in the home on which [petitioner] now relies, but he never provided that information to trial counsel." Case files often comprise numerous boxes.

Id., at 669, 729. Holland v. Jackson, 542 U. S. ___ (2004) (per curiam); Middleton v. McNeil, 541 U. S. 433 (2004) (per curiam); Yarborough v. Gentry, 540 U. S. 1 (2003) (per curiam); Mitchell v. Esparza, 540 U. S. 12 (2003) (per curiam); Early v. Packer, 537 U. S. 3 (2002) (per curiam); Woodford v. Visciotti, 537 U. S. 19 (2002) (per curiam). Id., at 677. 1993). 466 U. S., at 696. In the district court's view, "there were pretty obvious signs, at least superficially from what counsel knew of [p]etitioner's criminal past, including his rape conviction, that [p]etitioner may have had a drinking problem, may have had a poor school record, and probably had a difficult childhood." Yet if Rompilla's attorneys had reviewed the case file with these purposes in mind, they almost surely would have attributed no significance to the transfer petition following only a cursory review. In this case, defense counsel conducted a reasonable investigation into petitioner's family background and mental health by hiring three mental health experts to evaluate petitioner and interviewing, at length, petitioner, three of his siblings, his ex-wife, and a sister-in-law. So what he described to me was really unremarkable in terms of his childhood upbringing."

Rompilla was sentenced to death and his conviction and sentence were affirmed on appeal. B. Petitioner and the American Bar Association (ABA) suggest that this Court's decision in Wiggins v. Smith, 539 U.S. 510 (2003), and the ABA standards cited in that case, require capital counsel to obtain a defendant's reasonably available records in all cases in an effort to develop a mitigation case. On January 14, 1988, the body of James Scanlon was found lying in a pool of blood in his bar, the Cozy Corner Cafe, in Allentown, Pennsylvania. Rompilla's attorneys recognized from the outset that building an effective mitigation case was crucial to helping their client avoid the death penalty. Id. The obligation to get the file was particularly pressing here owing to the similarity of the violent prior offense to the crime charged and Rompilla's sentencing strategy stressing residual doubt. If he's charged with committing the Burglary-. His father locked Rompilla and his brother Richard in a small wire mesh dog pen that was filthy and excrement filled. The panel thus distinguished Rompilla's case from Wiggins v. Smith, 539 U. S. 510 (2003). That contention is unsound. Specifically, "trial counsel got to know [petitioner] well during the course of their representation and established a good relationship with him"; counsel "questioned [petitioner] about his background but [he] provided no useful information or leads"; "[t]rial counsel also spoke to three of [petitioner's] siblings, as well as a sister-in-law and [petitioner's] ex-wife * * * * 'in a detailed manner,' but they did not allude to any of the new evidence adduced at the PCRA proceeding." weather, time of day, and lighting conditions). With respect to petitioner's background, Dantos testified that she "discussed the family dynamics and what [petitioner's] family relationship was with his parents" with petitioner, three of his siblings, his ex-wife, and his sister-in-law, and there was no indication "that there was any sort of abuse within the family." At the postconviction hearing, Dantos also indicated that she had reviewed documents relating to the prior conviction. Brief for United States as Amicus Curiae 30. Petitioner (Pet. Accordingly, a court "must indulge a 'strong presumption' that counsel's conduct falls within the wide range of reasonable professional assistance." J.A. The ABA standards cited in Wiggins do not require capital counsel to acquire a defendant's records in all instances, regardless of the facts and other investigatory steps taken. "[DEFENSE]:Well, Judge, then I'm going to need to get a copy of it. A Pennsylvania court convicted Ronald Rompilla of murder. 2d 865 (1977). Stat. ABA Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (1989) (hereinafter ABA Guidelines or Guideline). App. Scanlon's body was discovered later the next morning, lying in a pool of blood. 5 In federal death penalty cases, a "mitigation specialist" is "one of the more common experts" "requested by defense counsel," and the costs associated with hiring a mitigation specialist are typically permitted under 21 U.S.C. Ibid. The petitioner Ronald Rompilla was convicted of capital murder. In evaluating counsel's performance, this Court has repeatedly recognized that "[j]udicial scrutiny * * * must be highly deferential," with "every effort * * * be[ing] made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time." 2255. It is clear, however, that defense counsel did not look at any part of that file, including the transcript, until warned by the prosecution a second time. The jury at the guilt phase of trial found Rompilla guilty on all counts, and during the ensuing penalty phase, the prosecutor sought to prove three aggravating factors to justify a death sentence: that the murder was committed in the course of another felony; that the murder was committed by torture; and that Rompilla had a significant history of felony convictions indicating the use or threat of violence. Experts assisting in investigation and other preparation of the defense should be independent and their work product should be confidential to the extent allowed by law. The court rejected the argument that petitioner's family members were not asked about abuse in the family, expressly crediting the testimony of defense counsel "that they spoke with members of the family in a detailed manner and that what now is claimed by them in support of [petitioner's PCRA challenge] was not revealed to defense counsel at the time of trial."

When they tested, they found that Rompilla "suffers from organic brain damage, an extreme mental disturbance significantly impairing several of his cognitive functions." Even with the benefit of hindsight the Court struggles to explain how the file would have proved helpful, offering only the vague speculation that Rompilla's attorneys might have discovered "circumstances that extenuated the behavior described by the [rape] victim." At the postconviction evidentiary hearing, Rompilla's lawyer confirmed that she had not seen the transcript before the hearing in which this exchange took place, id., at 506-507, and crucially, even after obtaining the transcript of the victim's testimony on the eve of the sentencing hearing, counsel apparently examined none of the other material in the file.3, With every effort to view the facts as a defense lawyer would have done at the time, it is difficult to see how counsel could have failed to realize that without examining the readily available file they were seriously compromising their opportunity to respond to a case for aggravation.

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