What is a defense lawyer's duty to investigate the defense counsel's "most important defense"?

MultiRegion, United States of America

The following excerpt is from Boyle v. Kernan, Case No.: 3:16-cv-0469-BAS-PCL (S.D. Cal. 2017):

Defense counsel has a "duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary." Strickland, 466 U.S. at 691. This includes a duty to investigate the defendant's "most important defense," Sanders, 21 F.3d at 1457, and a duty to adequately investigate and introduce into evidence records that demonstrate factual innocence or raise sufficient doubt on that question to undermine confidence in the verdict. Hart v. Gomez, 174 F.3d 1067, 1070 (9th Cir. 1999). When the record clearly shows that the lawyer was well-informed, and the petitioner fails to state what additional information would be gained by the discovery

Page 34

Other Questions


Does hiring an expert to evaluate possible guilt-phase mental-state defenses discharge defense counsel's duty to prepare for the penalty phase? (MultiRegion, United States of America)
What is the difference between offering a defendant the services of counsel to conduct his defense and offering the counsel's assistance? (MultiRegion, United States of America)
Does a provision in the Costs Decision for fees for a second counsel for second counsel preclude a non-lawyer such as the patent agent? (Canada (Federal), Canada)
What is the test for determining whether a reasonable lawyer acted as defense counsel at trial? (MultiRegion, United States of America)
Can a defendant be denied effective assistance of counsel in derogation of the sixth amendment if his counsel's performance was so deficient that it prejudiced his defense? (MultiRegion, United States of America)
Does a defense counsel have a duty to prepare for the penalty phase by hiring an expert to evaluate possible mental state defenses? (MultiRegion, United States of America)
Does a defense counsel have to give the client the benefit of counsel's professional advice on whether to plead guilty? (MultiRegion, United States of America)
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)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.