California, United States of America
The following excerpt is from People v. Hart, 20 Cal.4th 546, 85 Cal.Rptr.2d 132, 976 P.2d 683 (Cal. 1999):
Defendant's defense at the guilt and penalty phases of trial was not presented by the same attorneys. Thus, his contention that his guilt phase attorney failed to investigate evidence pertaining to defendant's mental history merely begs the question, as such evidence was investigated by defendant's penalty phase attorney, and the record does not suggest that the two attorneys failed to communicate with one another in their representation of defendant. Having made the tactical decision not to present a mental state defense at the guilt phase, and instead to challenge the evidence regarding certain sexual offenses defendant was alleged to have committed against Diane and Amy, defendant's guilt phase attorney did not perform deficiently by failing to personally investigate mental health issues further or visit defendant more frequently. (See, e.g., People v. Silva, supra, 45 Cal.3d 604, 622, 247 Cal.Rptr. 573, 754 P.2d 1070 [rejecting defendant's complaint that his attorney had visited him only once, observing that "the number of times one sees his attorney, and the way in which one relates [to] his attorney, does not sufficiently establish incompetence"].) Further, because of the incriminatory nature of defendant's history of committing sex crimes, it seems clear that such evidence, had it been presented at the guilt phase, would have been unhelpful -- if not highly prejudicial -- to defendant's claim of innocence.
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