What is the legal test for counsel to investigate evidence that contradicts the primary defense?

MultiRegion, United States of America

The following excerpt is from Johnson v., No. 2:14-cv-643-KJM-EFB P (E.D. Cal. 2017):

It is within the broad range of professionally competent assistance to choose not to investigate evidence which would contradict the primary defense theory. Corell v. Stewart, 137 F.3d 1404, 1411 (9th Cir. 1998). Put another way, once counsel reasonably chose one defense theory, her duty to investigate another conflicting defense was at an end. See Strickland, 466 U.S. at 691.

Other Questions


What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
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)
When will counsel argue that presenting mental health evidence would have conflicted with or diluted an alibi defense? (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 a defendant entitled to be instructed on any legally recognized defense to the charges against him that has some foundation in the evidence? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
What is the legal test for an allegation that the indictment is insufficient to allege exceptions to criminal liability created by section 474 of the Interference with Defense Investigation Act? (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)
How have courts treated the implied consent of counsel in cases where counsel objected to certain evidence at trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.