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Criminal Law

: Tenth Circuit Blog

Counsel Not Ineffective for Failing to Obtain Victim's Mental Health Records

By Shari Allison

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Wickham v. Friel, No. 08-4023, 11/14/08 - Trial counsel was not ineffective in failing to obtain mental health records of teenage victim of aggravated sexual assault, where obtaining such records under Utah law was quite difficult and required a detailed showing that such records contained information material to the defense, and counsel had no reason at the time of trial to believe that victim?s records included evidence that she had previously lied about being sexually assaulted.

Full post as published by Tenth Circuit Blog on November 14, 2008 (boomark / email).

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