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mother
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prove
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length
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use
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point
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use
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officer
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civilian
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another
person
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conclusive
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adversary
renders
likelihood
verdict
unreliable
high
inquiry
unnecessary
mickens
taylor
slip
holding
today
entirely
consistent
recent
decision
mickens
cases
according
presumption
every
lawyer
every
capital
case
performed
ethically
diligently
competently
appropriate
performance
generally
acterizes
members
honorable
profession
nevertheless
true
rare
cases
blind
reliance
presumption
uncritical
analysis
lawyer
proffered
explanations
aberrant
behavior
courtroom
may
result
denial
tutional
right
effective
assistance
counsel
mcmann
richardson
importance
protecting
right
capital
cases
effective
representation
provides
means
rights
person
trial
secured
cronic
reason
denial
sixth
amendment
rights
makes
adversary
process
presumptively
unreliable
whenever
defense
counsel
entirely
fails
subject
prosecution
case
meaningful
adversary
testing
exactly
happened
penalty
phase
gary
cone
trial
respectfully
dissent
appendix
opinion
stevens
excerpt
dice
postconviction
testimony
explains
reasons
waiving
closing
argument
subject
summarize
us
reasons
time
time
time
waiver
final
argument
penalty
phase
cone
matter
okay
number
one
thought
put
almost
every
mitigating
circumstance
okay
first
phase
trial
number
two
managed
sucker
patterson
strother
putting
bronze
star
decoration
without
defendant
testify
felt
pretty
good
trial
tactics
know
asked
blackwell
question
one
two
became
unglued
okay
number
three
thought
trial
judge
lost
control
case
allowed
strother
call
unethical
twice
front
jury
several
things
made
client
extremely
angry
forgive
strother
think
really
believes
trial
lawyer
took
position
okay
saying
general
feeling
going
trial
conducted
neutrally
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okay
thing
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aspects
waive
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blood
screw
trial
terms
jury
going
find
okay
another
factor
defendant
told
probably
explode
stand
anger
general
strother
know
strother
extremely
competent
clear
asked
name
reasons
waiving
final
argument
whether
said
cone
possibly
exploding
anything
waiving
final
argument
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make
decision
last
moment
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decision
carefully
planned
jury
hour
hour
think
close
long
trial
considered
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tactic
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considered
one
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ahead
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ural
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case
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whether
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say
gotten
strother
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argument
might
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patterson
made
first
argument
statements
reported
press
patterson
said
well
wrong
kill
people
never
forget
one
long
live
okay
made
portion
another
portion
trial
chose
make
closing
argument
opening
argument
suckered
along
already
made
mistake
far
concerned
okay
see
whether
jury
take
little
mitigating
circumstances
give
us
verdict
keep
alive
state
postconviction
tr
footnotes
see
cone
state
crim
app
justice
stevens
dissent
cite
statutory
provision
governing
respondent
ability
obtain
federal
habeas
relief
much
less
explain
claim
meets
standards
also
cited
cases
besides
hamilton
alabama
white
maryland
found
sixth
amendment
error
without
requiring
showing
prejudice
involved
criminal
defendants
actually
constructively
denied
counsel
government
action
see
cronic
citing
geders
order
preventing
defendant
consulting
counsel
anything
overnight
recess
impinged
upon
sixth
amendment
right
assistance
counsel
herring
new
york
trial
judge
order
denying
counsel
opportunity
make
summation
close
bench
trial
denied
defendant
assistance
counsel
brooks
tennessee
law
requiring
defendant
testify
first
trial
deprived
accused
guiding
hand
counsel
timing
critical
element
defense
whether
take
stand
ferguson
georgia
statute
retaining
incompetency
rule
criminal
defendants
denied
accused
right
counsel
question
elicit
statements
jury
inconsistent
fourteenth
amendment
williams
kaiser
allegation
petitioner
requested
counsel
receive
one
time
convicted
sentenced
stated
case
denial
due
process
concluding
cronic
applies
respondent
claim
dissent
relies
part
inferences
draws
evidence
attorney
sought
treatment
mental
illness
four
years
respondent
trial
see
post
dissent
admits
counsel
mental
health
problems
may
onset
respondent
trial
speculates
counsel
mental
health
problems
began
earlier
based
complete
reading
trial
transcript
assessment
counsel
actions
trial
ibid
dissent
concedes
respondent
present
evidence
regarding
counsel
mental
health
proceedings
us
respondent
argue
consider
attorney
medical
records
obtained
federal
habeas
proceedings
assessing
sixth
amendment
claim
suggest
counsel
suffered
mental
health
problems
time
trial
furthermore
implication
trial
counsel
impaired
representation
contradicted
testimony
two
experts
called
state
postconviction
hearing
extensive
experience
prosecuting
defending
criminal
cases
familiar
trial
counsel
abilities
wayne
emmons
said
counsel
fully
capable
one
conscientious
lawyers
knew
state
postconviction
tr
stephen
shankman
said
considered
respondent
counsel
one
finest
practitioners
community
area
criminal
defense
work
extremely
experienced
lawyer
hardpressed
second
guess
respondent
cites
cozzolino
state
argue
calling
additional
witnesses
opened
door
evidence
prior
bad
acts
need
express
view
tennessee
law
issue
except
point
cozzolino
state
broad
categorical
rule
cozzolino
held
trial
erred
admitting
evidence
defendant
committed
crimes
murder
evidence
relevant
aggravating
factors
mitigating
factors
raised
defense
case
minimum
evidence
respondent
prior
robbery
convictions
relevant
state
relied
convictions
prove
aggravating
circumstance
footnotes
dice
claims
credit
developing
defense
claims
unsubstantiated
appear
exaggerated
dice
testimony
see
state
postconviction
tr
nonetheless
defense
early
stages
time
respondent
trial
become
widely
asserted
see
generally
levin
defense
vietnam
veteran
stress
disorder
jur
trials
supp
furthermore
american
psychiatric
association
began
formally
recognize
posttraumatic
stress
disorder
ptsd
derive
disturbing
war
experiences
see
american
psychiatric
diagnostic
statistical
manual
mental
disorders
rev
ed
ptsd
respondent
allegedly
suffered
sensibly
used
dice
mitigation
penalty
phase
see
levin
jur
trials
however
viability
guilt
phase
defense
case
unlikely
best
insanity
context
applies
veteran
believes
combat
attacks
one
believes
enemy
soldier
davidson
note
stress
disorder
controversial
defense
veterans
controversial
war
wm
mary
rev
cone
combat
crime
fit
description
letter
mitigating
effect
significant
read
part
even
tho
still
shock
tragic
death
dear
brother
wife
want
know
family
prayers
deepest
sympathy
also
praying
gary
know
must
mind
done
things
may
god
forgive
record
exh
see
tr
referencing
letter
marked
exhibit
never
submitted
jury
respect
failure
dice
explained
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know
maybe
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know
changed
come
testified
testified
way
assume
state
postconviction
tr
true
jury
instructed
consider
mitigation
guilt
phase
also
true
dice
brief
penalty
phase
opening
referenced
mental
health
evidence
guilt
phase
ante
jury
whole
view
testimony
influenced
relation
debunked
insanity
defense
although
state
experts
may
successful
undermining
cone
claim
insanity
necessarily
undermine
potential
mitigating
effect
cone
mental
health
evidence
comments
refer
witherspoon
illinois
finding
general
constitutional
bar
state
exclusion
jurors
opposed
capital
punishment
jury
proof
bar
results
unrepresentative
jury
issue
guilt
substantially
increases
risk
conviction
dice
comments
concerning
penalty
phase
erroneous
content
inappropriate
tone
example
asked
capital
sentencing
rejected
notion
constitution
requires
individualized
death
penalty
decision
reason
political
far
concerned
method
insanity
care
whether
legal
kill
people
kill
people
show
killing
people
wrong
insane
state
postconviction
tr
brief
descriptions
dice
reasoning
choices
see
ante
gives
reasoning
legitimacy
merits
reading
dice
lengthy
answers
postconviction
hearing
clear
confused
misguided
dice
example
respect
supposed
damage
mitigation
witnesses
dice
speaks
generalities
unsubstantiated
fears
picture
scenario
got
stand
put
trial
life
call
burden
preponderance
evidence
comes
skilled
prosecutor
strother
says
oh
good
student
high
school
right
vietnam
affected
mind
right
robberies
pulled
prison
oklahoma
mean
prison
know
things
know
things
cone
told
state
postconviction
tr
cf
levin
jur
trials
counsel
needs
clearly
draw
contrast
client
vietnam
conclusion
follows
cone
testimony
consulted
conference
testifying
got
stand
state
testifying
state
postconviction
tr
cone
initially
recalled
meeting
occurred
penalty
stage
though
expressed
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point
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remained
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see
ibid
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must
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guilt
phase
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phase
cone
waived
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testify
see
tr
furthermore
dice
remember
discussion
concerning
cone
possible
testimony
penalty
phase
state
postconviction
tr
dice
testified
repeatedly
cone
lie
dice
unable
state
certain
cone
consulted
penalty
phase
testimony
indeed
counsel
performance
completely
deficient
sort
strategic
choice
counsel
owed
deference
strickland
washington
case
however
dice
total
failure
penalty
phase
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credit
even
arguably
reasonable
choices
result
reasonable
professional
judgment
see
infra
although
combat
soldier
vietnam
gary
described
disturbing
traumatic
experiences
example
stench
corpses
way
stored
refrigerators
alongside
food
witnessing
death
required
even
occasion
fire
weapon
long
hours
guard
duty
escalating
drug
abuse
often
ostensibly
sanctioned
superior
officers
app
according
defense
psychologist
report
cone
major
traumas
life
witnessing
brother
body
removed
lake
grandmother
death
high
school
graduation
gary
lived
clearly
viewed
safe
father
uty
vietnam
although
combat
soldier
experiences
beyond
realm
normal
experiences
ape
murder
fiancée
december
postconviction
testimony
dice
offered
another
reason
waiving
closing
argument
claimed
state
penalty
phase
case
screw
ed
aggravated
circumstances
arguing
jury
aggravating
factor
unsupported
evidence
lives
two
people
victims
endangered
defendant
state
postconviction
tr
dice
testified
concerned
made
closing
argument
state
might
realize
mistake
correct
error
rebuttal
closing
argument
see
dice
explanation
incredible
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dice
strategy
work
perfectly
dice
claimed
state
found
error
concerning
aggravators
harmless
state
cone
importantly
strategy
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appropriate
counsel
hope
appellate
victory
concerning
one
trial
error
justify
abdication
duty
advocate
remainder
proceeding
cf
penry
lynaugh
sentencer
make
individualized
assessment
appropriateness
death
penalty
evidence
defendant
background
relevant
belief
long
held
society
defendants
commit
criminal
acts
attributable
advantaged
background
emotional
mental
problems
may
less
culpable
defendants
quoting
california
brown
concurring
cf
herring
new
york
criminal
trial
end
basically
factfinding
process
aspect
advocacy
important
opportunity
finally
marshal
evidence
side
submission
case
judgment
dice
main
explanation
decision
waive
closing
argument
close
penalty
hearing
quoted
appendix
opinion
recent
comprehensive
report
issued
governor
mission
reviewing
illinois
capital
punishment
system
concluded
providing
qualified
counsel
perhaps
important
safeguard
wrongful
conviction
sentencing
execution
capital
defendants
also
safeguard
far
often
ignored
report
governor
commission
capital
punishment
quoting
constitution
project
mandatory
justice
eighteen
reforms
death
penalty
members
similarly
recognized
importance
qualified
counsel
death
cases
frequent
lack
thereof
see
mcfarland
scott
blackmun
dissenting
denial
certiorari
describing
crisis
trial
state
postconviction
legal
representation
capital
defendants
lane
expresses
death
penalty
doubt
justice
says
innocent
may
killed
washington
post
july
reporting
justice
comment
perhaps
time
look
minimum
standards
appointed
counsel
death
cases
justice
ginsburg
comment
yet
see
death
case
among
dozens
coming
eve
execution
petitions
defendant
well
represented
trial