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November 30, 2009


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I think the subtlety that is missed in this post and the 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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