"Counsel's general duty to investigate... takes on supreme importance to a defendant in the context of developing mitigating evidence to present to a judge or jury considering the sentence of death; claims of ineffective assistance in the performance of that duty should therefore be considered with commensurate care." National Basketball Players Association President, OK. Justice Brennan concurred in the result because he believed that the Court's new test for ineffective assistance, particularly the prejudice prong, would not impede the presentation of mitigating evidence on behalf of capital defendants: Counsel's general duty to investigate ... takes on supreme importance to a defendant in the context of developing mitigating evidence to present to a judge or jury considering the sentence of death; claims of ineffective assistance in the performance of that duty should therefore be considered with commensurate care. West Ham New Away Kit, [466 of the judges of the en banc court agreed that the case should be remanded for application of the newly announced standards. Washington was indicted in Florida for those crimes, and an experienced criminal defense attorney was appointed to represent him. Essentially, any attorney who puts a reasonable effort into a case (as Strickland’s seems to have done) will be safe from an ineffective assistance. SCOTUSCase Litigants=Strickland v. Washington ArgueDate=January 10 ArgueYear=1984 DecideDate=May 14 DecideYear=1984 FullName=Strickland, Superintendent, Florida State Prison, v. Washington USVol=466 USPage=668 Citation=466 U.S. 668; 104 S. Ct.… A fair trial is one in which "evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding." Counsel may not exclude certain lines of defense for other than strategic reasons. Texas Star Ceiling Fans, 455 [466 Thus, to demonstrate prejudice under Morgan and Strickland, Appellant needed to show a reasonable probability that but for trial counsel's failure to advise him of the statutory maximum, he would have accepted the State's offer, which involved a lesser sentence than the one he ultimately received. Did the defendant’s counsel meet this standard? Syllabus ; View Case ; Petitioner Strickland . Respondent pleaded guilty in a Florida trial court to an indictment that included three capital murder charges. Dudley Directions, Prejudice cannot be measured solely with respect to the fairness of the outcome of the trial; the fairness of the procedure matters just as much. At this point, counsel abandoned his investigation of Washington's background—a decision that "reflected trial counsel's sense of hopelessness about overcoming the evidentiary effect of [Washington's] confessions to the gruesome crimes." When he challenges a death sentence, as Washington is doing, he must show a reasonable probability that the sentencer would have balanced the aggravation and mitigation evidence differently.

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