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.").
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.