Is there any case law where a defense counsel was permitted to access a file containing mitigating evidence?

MultiRegion, United States of America

The following excerpt is from John Doe v. Ayers, No. 15-99006 (9th Cir. 2015):

attorney would have realized that pursuing these leads was necessary to making an informed choice among possible defenses . . . . Had counsel investigated further, they might well have discovered the sexual abuse later revealed during state postconviction proceedings."); Stankewitz v. Wong, 698 F.3d 1163, 1171 (9th Cir. 2012) ("The state's argument that [defense counsel's] mere possession of [files containing leads to mitigating evidence] demonstrates that [he] conducted a reasonable investigation defies logic - if anything, that [he] had this evidence at his fingertips but did not investigate or present it is further proof of his deficiency.").

Other Questions


Does interference with access to counsel constitute interference with Access to Counsel? (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 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 power of a panel to accept documentary evidence that it prefers when the evidence before it contains discrepancies? (Canada (Federal), Canada)
Can evidence that was rejected as insufficient to constitute a statutory mitigating factor be considered as a non-statutory mitigating factor? (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)
Is a prosecutor permitted to make disparaging remarks in summation about the integrity of defense counsel? (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)
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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.