Effectiveness of Counsel
[摘要] A Lack of Adequate Background Investigation and Presentation of Mitigating Factors During the Penalty Phase of a Capital Case Could Constitute Ineffective CounselIn Abdul-Salaam v. Secretary of Pennsylvania Department of Corrections, 895 F.3d 254 (3d Cir. 2018), the Third Circuit Court of Appeals reversed the denial of habeus relief for Seifullah Abdul-Salaam, who had been convicted in state court of murder, robbery, and conspiracy. He argued ineffective assistance of counsel, stating that his attorney did not have a reason for failing to acquire a mental health evaluation, among other things. The Third Circuit ruled that there was a reasonable probability that such evidence, had it been presented, would have caused at least one juror to vote differently in his sentencing.
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[效力级别] [学科分类] 儿科学
[关键词] [时效性]