US SUPREME COURT DECISIONS
506 U.S. 357
Subscribe to Cases that cite 506 U.S. 357
OCTOBER TERM, 1992
Per Curiam
DOBBS v. ZANT, WARDEN
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 92-5579. Decided January 19, 1993
A Georgia jury found petitioner guilty of murder and sentenced him to death. In his first federal habeas petition, the District Court rejected his claim that he received ineffective assistance of counsel at sentencing, relying on the testimony of petitioner's counsel about the content of his closing argument because a transcript, by the State's representation, was unavailable. Mter the Court of Appeals affirmed, also relying on counsel's testimony, petitioner located a transcript which flatly contradicted counsel's account. However, the Court of Appeals, now reviewing related proceedings from the District Court, denied his motion to supplement the record on appeal with the transcript. In affirming the District Court's denial of relief on other claims, the Court of Appeals held that the law of the case doctrine prevented it from revisiting its prior rejection of the ineffective-assistance claim, and refused to apply the manifest injustice exception because its denial of leave to supplement the record left petitioner unable to show injustice.
Held: The Court of Appeals erred by refusing to consider the sentencing hearing transcript. The transcript is no doubt relevant, for it calls into serious question the factual predicate on which the lower courts relied in deciding petitioner's ineffective-assistance claim. Moreover, the Court of Appeals acknowledged that its refusal to review the transcript left it unable to apply the manifest injustice exception to the law of the case doctrine and hence unable to determine whether it should reconsider its prior decision. Exclusion cannot be justified by the delay in the transcript's discovery, since the delay resulted substantially from the State's own erroneous assertions that no transcript existed.
Certiorari granted; 963 F.2d 1403, reversed and remanded.
PER CURIAM.
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
A Georgia jury found petitioner Wilburn Dobbs guilty of murder and sentenced him to death. In his first federal habeas petition, petitioner claimed, inter alia, that he receivedcralawred
Per Curiam
ineffective assistance from his court-appointed counsel at sentencing. The District Court rejected this claim after holding an evidentiary hearing. Because a transcript of the closing arguments made at sentencing was, by the State's representation, unavailable, the District Court relied on the testimony of petitioner's counsel regarding the content of his closing argument to find that counsel had rendered effective assistance. Civ. Action No. 80-247 (ND Ga., Jan. 13, 1984), p. 24. The Court of Appeals for the Eleventh Circuit affirmed, also relying on counsel's testimony about his closing argument in mitigation. Dobbs v. Kemp, 790 F.2d 1499, 1514, and n. 15 (1986).
Subsequently, petitioner located a transcript of the penalty phase closing arguments, which flatly contradicted the account given by counsel in key respects. Petitioner moved the Court of Appeals, now reviewing related proceedings from the District Court, to supplement the record on appeal with the sentencing transcript. The court denied this motion without explanation. No. 90-8352 (CAll, Nov. 1, 1990).
Affirming the District Court's denial of relief on other claims, the Eleventh Circuit held that the law of the case doctrine prevented it from revisiting its prior rejection of petitioner's ineffective-assistance claim. The court acknowledged the manifest injustice exception to law of the case, but refused to apply the exception, reasoning that its denial of leave to supplement the record left petitioner unable to show an injustice. 963 F.2d 1403, 1409 (1991).
We hold that the Court of Appeals erred when it refused to consider the full sentencing transcript. We have emphasized before the importance of reviewing capital sentences on a complete record. Gardner v. Florida, 430 U. S. 349, 361 (1977) (plurality opinion). Cf. Gregg v. Georgia, 428 U. S. 153, 167, 198 (1976) (joint opinion of Stewart, Powell, and STEVENS, JJ.) (Georgia capital sentencing provision requiring transmittal on appeal of complete transcript and record is important "safeguard against arbitrariness and ca-cralawred