He asked for mercy, calling it a blessing that would raise them above the State to the level of God. After parsing the claim into 11 separate subclaims based on 11 pieces of withheld evidence identified in the habeas petition, the District Court concluded that Cone had waived each subclaim by failing to present or adequately develop it in state court. After Brady was convicted and sentenced to death he discovered that the State had suppressed the confession of his accomplice, which included incriminating statements consistent with Brady’s version of events. Cone unsuccessfully petitioned for review in the Tennessee Supreme Court, and we denied certiorari. But once Patterson made the first argument, and then those statements that were reported in the press where Mr. Patterson said, well, we're here because it's wrong to kill people. At a jury trial in the Criminal Court of Shelby County, the prosecution adduced overwhelming physical and testimonial evidence showing that respondent perpetrated the crimes and that he killed the Todds in a brutal and callous fashion. The deaths of the victims were not instantaneous, and obviously one had to be killed before the other. We disagree. A short time later, Cone tried to hijack a nearby car. At the State’s behest, the postconviction court summarily denied the petition, concluding that all the claims raised in it had either been “previously determined” or “waived.” Order Dismissing Petition for Post-Conviction Relief in Cone v. State, No. Her comments refer to Witherspoon v. Illinois, 391 U. S. 510, 518 (1968) (finding no general constitutional bar to a state's "exclusion of jurors opposed to capital punishment," i.e., "death-qualification"of a jury, because of no proof that such a bar "results in an unrepresentative jury on the issue of guilt or substantially increases the risk of conviction"). See Williams, supra, at 411. A trial would be presumptively unfair, we said, where the accused is denied the presence of counsel at "a critical stage," id., at 659, 662, a phrase we used in Hamilton v. Alabama, 368 U. S. 52, 54 (1961), and White v. Maryland, 373 U. S. 59, 60 (1963) (per curiam), to denote a step of a criminal proceeding, such as arraignment, that held significant consequences for the accused.3 Second, we posited that a similar presumption was warranted if "counsel entirely fails to subject the prosecution's case to meaningful adversarial testing." App. It held that respondent suffered a Sixth Amendment violation for which prejudice should be presumed under United States v. Cronic, 466 U. S. 648 (1984), because his counsel, by not asking for mercy after the prosecutor's final argument, did not subject the State's call for the death penalty to meaningful adversarial testing. In State v. Dicks, 615 S. W. 2d 126 (Tenn. 1981), the state court adopted the exact construction of the aggravator that we approved in Proffitt, 428 U. S., at 255: that the aggravator was “directed at ‘the conscienceless or pitiless crime which is unnecessarily torturous to the victim,’ ” Dicks, supra, at 132. Id., at 255 (joint opinion of Stewart, Powell, and Stevens, JJ.). We said "if counsel entirely fails to subject the prosecution's case to meaningful adversarial testing." Justice Stevens delivered the opinion of the Court. For purposes of distinguishing between the rule of Strickland and that of Cronic, this difference is not of degree but of kind.4. 427 U. S. 97, Bell v. Cone , 535 U.S. 685, 702 (2002). §39–2–205(c)(1) (Lexis 1982), necessarily included the consideration of constitutional deficiencies in the aggravating circumstances found by the jury and therefore that the issue was “fairly presented” to the state court, even if respondent did not raise it himself. Tr. (per curiam). First, we address the contention that the repeated presentation of a claim in state court bars later federal review. Evidence that is material to guilt will often be material for sentencing purposes as well; the converse is not always true, however, as Brady itself demonstrates. See Agurs, 427 U. S., at 108. Accordingly, insofar as the Court of Appeals rejected Cone’s Brady claim as procedurally defaulted because the claim had been twice presented to the Tennessee courts, its decision was erroneous. See, e.g., State v. Burns, 6 S. W. 3d 453, 461 (1999). Cronic, 466 U. S., at 662. This opening statement did refer to the evidence of drug addiction and the expert testimony already in the record, though it is unclear to what end, as Dice believed that the jury had "completely rejected" this testimony, ibid. 747 S. W. 2d, at 357-358. Respondent cites Cozzolino v. State, 584 S. W. 2d 765 (Tenn. 1979), to argue that calling additional witnesses would not have opened the door to evidence about his prior bad acts. Itis nevertheless true that there are rare cases in which blind reliance on that presumption, or uncritical analysis of a lawyer's proffered explanations for aberrant behavior in the courtroom, may result in the denial of the consti-tutional "right to the effective assistance of counsel." Rather, he must show that the Tennessee Court of Appeals applied Strickland to the facts of his case in an objectively unreasonable manner. Penry v. Lynaugh, 492 U. S. 302, 319 (1989) ("If the sentenceris to make an individualized assessment of the appropriateness of the death penalty, `evidence about the defendant's background and char-acter is relevant because of the belief, long held by this society, that defendants who commit criminal acts that are attributable to a dis-advantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse' " (quoting California v. Brown, 479 U. S. 538, 545 (1987) (O'Connor, J.,concurring))). Cozzolino held that a trial court erred in admitting evidence that the defendant committed crimes after the murder because that evidence was not relevant to any aggravating factors or mitigating factors raised by the defense. When asked if the purpose of the penalty phase was to "individualize the defendant," Dice replied "[t]hat's your view of it as a lawyer, not mine," id., at 124, and when asked why a capital proceeding is bifurcated, Dice replied "God only knows," id., at 125.6 His co-counsel's postconviction testimony confirms Dice's misguided views. Dice's post hoc reasons for not putting on these additional witnesses and evidence are puzzling, but appear to rest largely on his incorrect assumption that the guilt phase record already included "what little mitigating circumstances we had," State Postconviction Tr. 93. Brady v. State, 226 Md. Let's say that when we'd gotten down there that Mr. Strother had gotten up and made the first argument, I might not have waived at all if I knew that Patterson was going to make the kill argument. I forgive Mr. Strother for that. We granted certiorari, 534 U. S. 1064 (2001), and now reverse the Court of Appeals. Cone v. State, 747 S. W. 2d 353. 2084 (Apr. Therefore, although the suppressed evidence does not directly contradict Roby’s trial testimony, it does place it in a different light. The State Supreme Court’s subsequent application of this aggravating circumstance, as construed in Dicks, stands as further proof that it could be applied meaningfully to narrow the class of death-eligible offenders. The Court claims that Cronic's second prong only applies when "counsel failed to oppose the prosecution throughout the sentencing proceeding as a whole." The remaining issue, then, is whether respondent can obtain relief on the ground that the state court's adjudication of his claim involved an "unreasonable application" of Strickland. Without disclosing to the District Court the contrary position it had taken in the state-court proceedings, the State acknowledged that Cone’s Brady claim had not been raised prior to the filing of his second postconviction petition. It was almost a hopeless feeling that the way the problem was going to be solved was through the Court of Appeals, not through any jury verdict." 133, and his fear of the prosecutor, "who by all accounts was an extremely effective advocate," ante, at 5; see, e.g., State Postconviction Tr. Although the State's experts may have been successful in undermining Cone's claim to insanity, they did not necessarily undermine the potential mitigating effect of Cone's mental health evidence. His defense that he was not guilty by reason of insanity due to substance abuse and post-traumatic stress disorders related to his Vietnam military service was supported by expert testimony about his drug use and by his mother's testimony that he returned from Vietnam a changed person. Cone properly preserved and exhausted his Brady claim in the state court; therefore, it is not defaulted. Based on that holding, Cone obtained access to the prosecutor’s files, in which he found proof that evidence had indeed been withheld from him at trial. Repeating the District Court’s error,the State directed the Court of Appeals’ attention to Cone’s pro se petition and to the petition Cone’s counsel filed before he gained access to the prosecution’s case file. A federal court would act arbitrarily if it assumed that an issue raised in state court was necessarily decided there, despite the absence of any indication that the state court itself adverted to the point. 98a, the District Court nevertheless held that the Brady claim was procedurally barred. Dice claims credit for developing this defense, but these claims are unsubstantiated and appear exaggerated from Dice's testimony. 4 (1985) Counsel argued that Cone had committed his crimes while suffering from chronic amphetamine psychosis, a disorder brought about by his drug abuse. 114–117. State Postconviction Tr. We address this issue first. The Court's holding today is entirely consistent with its recent decision in Mickens. He was awarded the Bronze Star, and he received an honorable discharge. Fleeing the scene by car, he led police on a high-speed chase into a residential neighborhood. BELL, WARDEN v. CONE(2002) No. On remand, the same panel of the Sixth Circuit again granted respondent a writ of habeas corpus, this time with one judge dissenting, on the ground that the “especially heinous, atrocious, or cruel” aggravator was unconstitutionally vague under the Eighth Amendment. See Cone, 243 F. 3d, at 968. During the state and federal proceedings below, the State of Tennessee offered two different justifications for denying review of the merits of Cone’s Brady claim. Dice's reasoning is doubtful to say the least because, regardless of the State of Tennessee law, see ante, at 13, n. 3, these post-Vietnam crimes were already known to the jury through the State's penalty phase evidence of respondent's prior convictions. That drug use, according to the expert, caused chronic amphetamine psychosis, hallucinations, and ongoing paranoia, which affected respondent's mental capacity and ability to obey the law. Subsequently, the Federal District Court denied respondent's federal habeas petition, ruling that he did not meet 28 U. S. C. §2254(d)(1)'s requirement that a state decision be "contrary to" or involve "an unreasonable application of clearly established Federal law." In this case, we think at the very least that the state court's contrary assessment was not "unreasonable." The Court of Appeals concluded that Cone had procedurally defaulted his Brady claim and had failed to show cause and prejudice to overcome the default. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

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