When will counsel argue that presenting mental health evidence would have conflicted with or diluted an alibi defense?
MultiRegion, United States of America
The following excerpt is from Bemore v. Chappell, 788 F.3d 1151 (9th Cir. 2015):
Turk v. White, 116 F.3d 1264, 126668 (9th Cir.1997). That contention puts the cart before the horse. Even if presenting mental health evidence would have conflicted with or diluted an alibi defense in this instance, that fact does not absolve counsel of a duty to investigate a mental healthor alibidefense. That way, he could decide in an informed manner which defense was preferable, an especially critical decision where the weaknesses of an alibi should have been known.
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