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
The following excerpt is from John Doe v. Ayers, No. 15-99006 (9th Cir. 2015):
Hiring an expert to evaluate possible guilt-phase mental-state defenses does not discharge defense counsel's duty to prepare for the penalty phase. Hendricks v. Calderon, 70 F.3d 1032 (9th Cir. 1995), is directly on point. In Frierson, we explained:
Page 33
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase? (MultiRegion, United States of America)
What is the current state of the law in which this court has held that counsel was constitutionally deficient during the penalty phase? (MultiRegion, United States of America)
What is the state of the law on ineffective counsel in defense counsel's representation of a defendant? ("New York", United States of America)
Does case law applicable to an insanity defense have any relevance to the defense that the accused lacked the requisite mental state? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Does Acquittal of felony murder in the guilt/innocence phase prevent the state from seeking the death penalty on the grounds that the killing occurred during the commission of a felony? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
What are the implications of a state's decision to preclude the defense of the insanity defense? (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)
