SCOTUSBlog reports on Wiggins v. Smith, a Supreme Court case to be taken up this week involving ineffective assistance of counsel in a death case.

We posted our in-depth view of the case here. Thanks to SCOTUSBlog for mentioning and linking to it.

The issue is whether counsel has a duty to investigate or present mitigating evidence that could lead a sentencing jury to vote for life instead of death. The Fourth Circuit ruled against Wiggins, saying strategic choices by counsel are not ineffective--particularly when the evidence could have hurt as well as helped the defendant.

A. A Strong Defense Does Not Excuse Failure to Investigate Mitigating Information

B. The Mitigating Evidence of Petitioner’s Background Was Not Incompatible With a Challenge to Death Eligibility as a Principal, and

C. The Decision to Forego Mitigating Evidence to Retry Guilt Was Unreasonable