What is the ultimate burden of proving that a defendant has failed to properly investigate the facts of a claim?
"New York", United States of America
The following excerpt is from People v. Lopez-Mendoza, 106 N.Y.S.3d 266, 130 N.E.3d 862, 33 N.Y.3d 565 (N.Y. 2019):
The defendant "bears the ultimate burden of showing ... the absence of strategic or other legitimate explanations for counsel's challenged actions" ( People v. Clark, 28 N.Y.3d 556, 563, 46 N.Y.S.3d 817, 69 N.E.3d 604 [2016] [internal quotation marks omitted] ). The record here is insufficient to make that showing. Although "[i]t simply cannot be said that a total failure to investigate the facts of a case, or
[106 N.Y.S.3d 271]
[130 N.E.3d 867]
"The most advanced legal research software ever built."
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.
Other Questions
What is the burden of proving that a claim is a claim that is not a fact? (MultiRegion, United States of America)
What is the burden of proving every fact necessary to constitute the crime with which a defendant is charged? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
In what circumstances will the District Judge order that the Department of Justice failed to conduct a proper investigation into whether there were any criminal charges brought against the Attorney General for failing to make the necessary tests? (MultiRegion, United States of America)
What is the burden of proving a defendant's claim of self-defense against the government? (MultiRegion, United States of America)
What is the burden of proving a claim against the Estate of the Defendant? (MultiRegion, United States of America)
What is the burden of proving a plaintiff's claim of discrimination against a defendant by a preponderance of the evidence? (MultiRegion, United States of America)
How have the courts treated prejudice in the context of a claim that the burden of proving a defendant's sanity is on the public? (MultiRegion, United States of America)
What is the burden of proving substantial rights to a defendant in a motion to dismiss a claim of plain error? (MultiRegion, United States of America)
What is the burden of proving material fact to a party in a claim for damages? (MultiRegion, United States of America)
