Can a defense counsel's failure to show the presentence report be considered to be reasonably competent representation?
MultiRegion, United States of America
The following excerpt is from Grady v. U.S., 929 F.2d 468 (9th Cir. 1990):
We have held that a "defense counsel's failure to show his client the presentence report may fall below the standard of reasonably competent representation." United States v. Donn, 661 F.2d 820, 824 (9th Cir.1981). Thus, the district court was required to hold an evidentiary hearing concerning Grady's allegations unless the record conclusively established that Grady's motion was without merit. Id. at 825.
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