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Wowser again

By Karl R. Keys, Esq.

Sometimes I miss having a slower practice and the ability to dodge phone calls for a bit and do a post.  The per curiam in Porter v. McCollum (08-10537), here, is one of those reasons. The Court this term, through its per curiams, seems to be really emphasizing that a competent investigation, informed decision making, and reasonable trial strategy is required in order not to be found ineffective, Wong v. Bellemonte.  Don’t do those three things and ineffectiveness is almost assured. Today’s case falls into the latter category.  Counsel failed to adequately investigate his client’s military record and the horrors he had seen in the ugly face of war.  The aftermath of war, as it does with so many soldiers, left him a broken man...continue to full post

Full post as published by Capital Defense Weekly on November 30, 2009 (boomark / email).