California, United States of America
The following excerpt is from In re Shellock, H034283 (Cal. App. 2011):
after-the-fact assessment will run counter to the deference that must be accorded counsel's judgment and perspective when the plea was negotiated, offered, and entered." (Premo v. Moore, supra,_U.S._[131 S.Ct. at pp. 741-742].)
"Counsel's first duty is to investigate the facts of his client's case and to research the law applicable to those facts. 'Generally, the Sixth Amendment and article I, section 15 require counsel's "diligence and active participation in the full and effective preparation of his client's case." [Citation.] Criminal defense attorneys have a " 'duty to investigate carefully all defenses of fact and of law that may be available to the defendant . . . .' " ' [Citation.] The client's initial insistence on one defense and opposition to all others does not 'excuse counsel from undertaking sufficient investigation of possible defenses to enable counsel to present an informed report and recommendation to his client.' " (People v. Ledesma, supra, 43 Cal.3d 171, 222.)
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