Is a defense counsel's duty to investigate and rebut any aggravating evidence that may be introduced by the prosecutor?
MultiRegion, United States of America
The following excerpt is from Riel v. Warden, No. 2:01-cv-0507 MCE DAD (E.D. Cal. 2015):
Defense counsel's duty to investigate is particularly important in preparing for the penalty phase of a prosecution involving a potential death sentence. Summerlin v. Schriro, 427 F.3d 623, 630 (9th Cir. 2005). In such a setting, defense counsel should attempt to discover "'all reasonably available mitigating evidence and evidence to rebut any aggravating evidence that may be introduced by the prosecutor.'" Wiggins, 539 U.S. at 524 (quoting ABA Guidelines for the
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