The following excerpt is from U.S. v. Arias-Bejar, 851 F.2d 361 (9th Cir. 1988):
In Nutall v. Greer, 764 F.2d 462 (7th Cir.1985), however, the court upheld the defendant's conviction despite the fact that defense counsel did not make a closing argument. The court, although troubled by this failure, held that it did not amount to per se ineffective assistance of counsel. Id. at 466. Yet, in that case, as the defendant points out, the defense counsel had made an opening statement that put an alternative theory (accidental death) before the jury, and had presented character witnesses and the defendant as a witness. Id. at 466-67. Here, by contrast, defense counsel did not present any alternative theory.
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