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« False Statements Law Looms for White House Crashers | Main | Judicial Applicant Tapped to Represent Woman in Stalking Case »

November 30, 2009

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PTSD Made Him Do It: Lyle Denniston reports over on SCOTUSblog that the Supreme Court has "put defense lawyers on notice that they should be prepared to use evidenceof 'post-traumatic stress disorder' to try to save accused veterans from the... [Read More]

Comments

A.W.

I think the subtlety that is missed in this post and the law.com article is this.

The attorney not only didn't present the evidence, he didn't even discover it. that is key. if you discover the evidence and then say, "strategically, i decided not to use this" well, that is one thing. The courts seem very, very reluctant to rule on matters of such subjective judgment. but there is no judgement involved when deciding whether to investigate. of course you want to know as much as possible about the client.

So the real takeaway for defense attorneys is to say that you have a duty to investigate under this decision.

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