 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Bowles v. Commonwealth12/17/2004
d the standard for reviewing such failure-to-investigate claims against trial counsel. The focus of the inquiry must be on whether counsel's decision not to investigate potentially mitigating evidence or testimony was objectively reasonable.
In assessing counsel's investigation, we must conduct an objective review of their performance, measured for "reasonableness under prevailing professional norms", Strickland, 466 U.S. at 688, [80 L.Ed.2d 674,] 104 S.Ct. 2052, which includes a context-dependent consideration of the challenged conduct as seen "from counsel's perspective at the time." Id. at 689, [80 L.Ed.2d 674,] 104 S.Ct. 2052. ("Every effort [must] be made to eliminate the distorting effects of hindsight").
Wiggins, at 523, 123 S.Ct. at 2536, 156 L.Ed.2d at 486.
The trial court specifically rejected Bowles's claims that his trial counsel was unprepared for trial. The court also found that trial counsel's decision not to call certain witnesses was objectively reasonable because there were significant questions about those witnesses' credibility. Based on the record, I cannot agree with the majority that these findings were clearly erroneous. Therefore, I would affirm the trial court's order denying Bowles's RCr 11.42 motion.
Page 1 2 3 4 5 6 7 8 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|