Does counsel's failure to conduct a psychological background and background investigation violate the standard of reasonableness?

MultiRegion, United States of America

The following excerpt is from Mann v. Ryan, 828 F.3d 1143 (9th Cir. 2016):

If there could be any doubt that counsel's actions fell below an objective standard of reasonableness, it is obviated by counsel's concession at trial that such an investigation was the prevailing professional norm in the state of Arizona. See Wiggins v. Smith , 539 U.S. 510, 524, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003) (concluding that counsel performed deficiently where counsel acknowledged the relevant professional norm); see also Pinholster , 563 U.S. at 196, 131 S.Ct. 1388 (distinguishing Wiggins as a case in which the defendant's trial counsel specifically acknowledged a standard practice for capital cases ... that was inconsistent with what he had done). When counsel requested a continuance, he told the court that a continuance was necessary so that counsel could fulfill his constitutional and state-law obligations to conduct a comprehensive psychological profile and background investigation, and obtain all the records available, including those from hospitalizations.4 Indeed, counsel conceded that the failure to conduct such an investigation

[828 F.3d 1170]

Other Questions


Does a court have to reasonably determine that a defendant has not satisfied a reasonable standard of conduct in a civil case? (MultiRegion, United States of America)
Does a counsel's failure to communicate to their client the government's plea offer constitute unreasonable conduct under prevailing professional standards? (MultiRegion, United States of America)
Does counsel need to interview all of the witnesses in order to determine the reasonableness of counsel's conduct? (MultiRegion, United States of America)
Does counsel's failure to make a motion to exclude the evidence constitute ineffective assistance of counsel in violation of the Sixth Amendment? (MultiRegion, United States of America)
What is the current state of the law on "reasonable reason" for an alien's failure to attend a hearing? (MultiRegion, United States of America)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
What is the reasonableness standard for a police officer to conduct a search and rescue operation in a motor vehicle accident? (Canada (Federal), Canada)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
Does the existence of probable cause outweigh the failure of two police officers to conduct additional investigation? (MultiRegion, United States of America)
What are the reasons of a trial judge’s failure to state that they have a reasonable doubt? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.