· 10/13/1999
Kitchens v. Johnson
Citations
- 190 F.3d 698
- 1999 WL 766348
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that arguments about whether counsel investigated enough or presented enough mitigating evidence come down to a matter of degrees and are even less susceptible to judicial second-guessing
- finding that counsel’s decision not to investigate mitigating evidence of child abuse, alcoholism, and mental illness was sound trial strategy
- “Did counsel investigate enough? Did counsel present enough mitigating evidence? Those questions are even less susceptible to judicial second-guessing.”
- find that “double-edged” evidence is “even less susceptible to judicial second-guessing” because it “essentially comes down to a matter of degrees”
- decision not to raise issue that could harm defendant is not ineffective
- in a capital murder case, pleading guilty to murder and arguing in closing that the defendant had committed a “very brutal, a very savage murder, but [ ] not a capital murder ...” was a valid strategic decision to bolster credibility with the jury
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Smith, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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