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: Defense Newsletter BlogKimbrough: Strategic decision not ineffective assistance
By Tim Cone
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In Kimbrough v. Secretary, DOC, No. 08-11421 (April 13, 2009), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death in 1994.The Court rejected the argument that trial counsel was ineffective for failing to present mental health mitigating evidence at the sentencing phase. The Court noted trial counsel?s strategic decision not to present such evidence because it would have opened the door to admission to the admission of more damaging information.Full post as published by Defense Newsletter Blog on April 14, 2009 (boomark / email).
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