What is the effect of counsel not presenting the defense of diminished mental capacity at trial?

MultiRegion, United States of America

The following excerpt is from Eckstrom v. Herndon, 948 F.2d 1293 (9th Cir. 1991):

Eckstrom contends he was denied effective assistance of counsel as a result of his trial counsel's failure to present the defense of diminished mental capacity. Eckstrom argues that such failure cannot be justified as a reasonable strategy decision. Specifically, Eckstrom asserts that his counsel's argument that the evidence was insufficient as a matter of law to sustain a first degree murder conviction under People v. Anderson, 70 Cal.2d 15, 447 P.2d 942 (1968), was inappropriate for his case. Eckstrom maintains that, at a minimum, his counsel should have raised the defense of diminished capacity as an alternative defense. Significantly, Eckstrom argues that there is a reasonable probability that the outcome of his trial would have been different if counsel had presented the defense of diminished capacity.

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