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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.