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ROMPILLA v. BEARD

No. 04-5462.

545 U.S. 374 (2005)

ROMPILLA v. BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS.

Supreme Court of United States.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Billy H. Nolas argued the cause for petitioner. With him on the briefs was Maureen Kearney Rowley.

Amy Zapp, Chief Deputy Attorney General of Pennsylvania, argued the cause for respondent. With her on the brief were Gerald J. Pappert, Attorney General, Richard A. Sheetz, Jr., Executive Deputy Attorney General, and James B. Martin.

Traci L. Lovitt argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.*

SOUTER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, GINSBURG, and BREYER, JJ., joined. O'CONNOR, J., filed a concurring opinion, p. 393. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and THOMAS, JJ., joined, p. 396.

JUSTICE SOUTER delivered the opinion of the Court.

This case calls for specific application of the standard of reasonable competence required on the part of defense counsel by the Sixth Amendment. We hold that even when a capital defendant's family members and the defendant himself have suggested that no mitigating evidence is available, his lawyer is bound to make reasonable efforts to obtain and review material that counsel knows the prosecution will probably rely...

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