ineffective assistance of counsel failure to investigate

October 1st, 2020

The dissent thus reinforces Andrus’ claim of deficient performance by recounting and emphasizing the details of the dry-cleaning offense as if Andrus were undoubtedly the perpetrator.

Such claims typically arise when the defendant’s lawyer fails to inform their client about the “collateral” consequences of their guilty plea. To that end, the State emphasized that Andrus had acted aggressively in TYC facilities and in prison while awaiting trial. Andrus’ mother testified that Andrus had an “excellent” relationship with his siblings and grandparents. ; id., Def. The second witness was Andrus’ biological father, Michael Davis, with whom Andrus had lived for about a year when Andrus was around 15 years old. See App. Exh. endstream endobj startxref

During 18 months in juvenile detention, he was exposed to gangs, drugs, and extended solitary confinement, resulting in suicidal urges. Had counsel genuinely investigated Andrus’ experiences in TYC custody, counsel would have learned that Andrus’ behavioral problems there were notably mild, and the harms he sustained severe. Lawrence v. Chater, Defense counsel's failure to investigate or present evidence of the defendant's traumatic childhood during the penalty phase of a capital murder trial established deficient performance by counsel; the Supreme Court remands for consideration of prejudice. Over and over during the habeas hearing, counsel acknowledged that he did not look into or present the myriad tragic circumstances that marked Andrus’ life. The State charged Andrus with capital murder. Failure to Investigate or present a defense is ineffective assistance of counsel.You need best lawyer available call us at (248) 263-6800. In 2008, Andrus, then 20, attempted a carjacking while under the influence of PCP-laced marijuana. with regard to mitigation.” 7 Habeas Tr. Here is what the record shows.

for Cert. . Turning a bad situation worse, counsel’s uninformed decision to call Andrus’ mother ultimately undermined Andrus’ own testimony. Andrus demonstrated counsel’s deficient performance under Strickland, but the Court of Criminal Appeals may have failed properly to engage with the question of whether Andrus established that counsel’s deficient performance prejudiced him. Andrus, his mother related to the jury, “[k]ind of ” “just decided he didn’t want to do what [she] told him to do.” 49 Tr. 94. Following a court recess, Andrus’ counsel called Dr. John Roache as the defense’s only expert witness. Exh. Resulting prejudice, in that but for the deficient performance, there is a “reasonable probability” that the result of the proceeding would have differed. I. , along with the mitigation evidence introduced during [the defendant’s] penalty phase trial, to assess whether there is a reasonable probability that [the defendant] would have received a different sentence after a constitutionally sufficient mitigation investigation” (citing cases)). At trial, counsel averred that his review did not reveal that Andrus had any mental-health issues. 147 (Andrus’s confession). Andrus’ mother had Andrus, her second of five children, when she was 17. 37.071, §2(b)(1) (Vernon 2006). Wiggins, 539 U. S., at 528 (emphasis deleted). [29], Ineffective assistance claims are generally preferred on collateral habeas review rather than direct appeal, so that additional fact-finding can be performed. Ibid. Code Crim. for Cert. Troubled by these comments, the mitigation specialist “specifically discussed with [Andrus’ counsel] the fact that [Andrus’ mother] was not being a cooperative witness and might not have Andrus’ best interests motivating her behavior.” Id., at 6.

App. On the contrary, the petition faults the CCA for providing “a truncated ‘no prejudice’ analysis,” not for failing to decide the prejudice issue at all. Proc. The children’s fathers never stayed as part of the family. Since most of these cases were rejected on appeal, it is difficult to determine whether some But the failure to explain is not the same as failure to decide. But Andrus’ counsel did not heed the caution. On federal habeas review, such claims have to survive two levels of deference: first deference to the attorney’s conduct, and then second a federal court’s deference to the state court’s first habeas review.

Criminal Defense Lawyers Must Diligently Investigate Facts Supporting Possible Defenses, Witnesses. In Cronic, the Supreme Court acknowledged that “affirmative government interference in the representation process” or the lawyer’s failure to subject the prosecution’s case to “meaningful adversarial testing” could constitute ineffective performance and per se prejudice.

First to testify during the case in mitigation, Andrus’ mother sketched a portrait of a tranquil upbringing, during which Andrus got himself into trouble despite his family’s best efforts. to Pet. .

Ann., Art. He further admitted that he “[did not] know if [Andrus’ mother] was telling the truth,” id., at 96, and could not even say that he had known what Andrus’ mother would say on the stand, because he had not “done any independent investigation” of her, id., at 95. 51 Tr. . The Court gives two reasons for doubting that the CCA reached the issue of prejudice, but both are patent makeweights. 529 U.S. 362, 396 (2000)). She would get a room somewhere and just go at it.” 13 Habeas Tr., Def. 466 U.S. 668 (1984), to show by a preponderance of the evidence that his counsel’s representation fell below an objective standard of reasonableness and that there was a reasonable probability that the result of the proceedings would have been different, but for counsel’s deficient performance.” App. abandoned his ineffective assistance of counsel claim, but the state court reversed on “that ground alone.” The state court based its finding on counsels’ failure to find a 1991 report coauthored by the FBI Agent that testified at trial, which “presaged the flaws in CBLA evidence” found by …

The evidence makes clear that Andrus’ counsel provided constitutionally deficient performance under Strickland. Taken together, those deficiencies effected an unconstitutional abnegation of prevailing professional norms. In the parking lot of a supermarket, he saw Avelino Diaz drop off his wife, Patty, in front of the store. 561 U.S. 945, 956 (2010) (per curiam) (“A proper analysis of prejudice under Strickland would have taken into account the newly uncovered [mitigation] evidence . The Texas trial court that heard the evidence recommended that Andrus be granted habeas relief and receive a new sentencing proceeding. “It is unquestioned that under prevailing professional norms at the time of [Andrus’] trial, counsel had an ‘obligation to conduct a thorough investigation of the defendant’s background.’ ” Porter v. McCollum,

That is because Andrus’ defense counsel not only neglected to present it; he failed even to look for it. Whether counsel merely intended to provide Andrus an opportunity to explain the discrepancy (or, far worse, sought to signal that his client was being deceitful) the jury could have understood counsel’s statements to insinuate that Andrus was lying. Andrus, by their account, was “very caring and very loving,” “liked to make people laugh,” and “never liked to see people cry.” Ibid. Proc. After the court questioned counsel about this choice during a sidebar discussion, however, counsel changed his mind and decided to call additional witnesses.

539 U.S. 510, 521 (2003) (quoting Strickland, 466 U. S., at 691). The others—some physically abusive toward Andrus’ mother, all addicted to drugs and carrying criminal histories—constantly flitted in and out of the picture. So the Court’s reading of the decision below is contrary to the plain language of the decision and is not supported by any reason worth mentioning. Ineffective assistance of counsel is a post-conviction remedy asserted by a defendant who believes he or she received inadequate representation. Clearly, “the known evidence would [have] le[d] a reasonable attorney to investigate further.” Wiggins, 539 U. S., at 527. The bulk of Davis’ direct examination explored such topics as Davis’ criminal history and his relationship with Andrus’ mother. . To show deficiency, a defendant must show that “counsel’s representation fell below an objective standard of reasonableness.” Id., at 688. Toward the end of the direct examination, counsel elicited testimony that Andrus had been “good around [Davis]” during the 1-year period he had lived with Davis. On cross-examination, the State emphasized that Andrus’ feelings of remorse had manifested only recently, around the time trial began.

To sustain a claim of ineffective assistance in the federal courts, the defendant must satisfy a two-pronged inquiry. ); see also 54 Tr., Pl. 9, p. 1. 8 Habeas Tr. He slashed his wrist with a razor blade and used his blood to smear messages on the walls, beseeching the world to “[j]ust let [him] die.” 31 id., Def. And because Andrus’ death sentence required a unanimous jury recommendation, Tex. 545 U.S. 374, 385 (2005) (“counsel ha[s] a duty to make all reasonable efforts to learn what they c[an] about the offense[s]” the prosecution intends to present as aggravating evidence). That failure is all the more alarming given that counsel’s purported strategy was to concede guilt and focus on mitigation. 101.

During the case in aggravation, the State’s task was to prove to the jury that Andrus presented a future danger to society. The Texas Court of Criminal Appeals disagreed. AP–76,936, p. 5 (CCA, Mar. 3. See supra, at 8–16. [28], Likewise, in Missouri v. Frye, the Supreme Court ruled that a defendant can claim ineffective assistance of counsel if they reject a plea deal that, but for bad advice of counsel, would have otherwise been accepted, maintained by the prosecutor, and accepted by the judge. Alerted by a store employee, Patty Diaz ran out of the store and found her husband lying by the side of the car with a bullet wound in the back of his head. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting. After killing Avelino Diaz, Andrus approached a car with two occupants, whom Andrus described as an “old man and old wom[a]n.” Id., at 2.

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