· 10/24/2005
United States v. Jason Best, A/K/A Jboo
Citations
- 426 F.3d 937
- 2005 U.S. App. LEXIS 22942
- 2005 WL 2713898
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[i]f counsel has investigated witnesses and consciously decided not to call them, the decision is probably strategic” and generally not subject to review
- noting that, “[i]f counsel has investigated witnesses and consciously decided not to call them, the decision is probably strategic”
- recognizing that “[a] lawyer’s decision to call or not to call a witness is a strategic decision generally not subject to review. The Constitution does not oblige counsel to present each and every witness that is suggested to him” (brackets in Best; citation omitted)
- court need not decide if counsel’s performance was deficient if it determines defendant cannot show prejudice
- ‘‘[a]n outright failure to investigate witnesses [as opposed to the decision not to call such witnesses after investiga- tion], is more likely to be a sign of deficient perfor- mance’’
- “Normally, we do not review ineffective assistance of counsel claims on direct review…”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Ripple, Wood
Read full opinion on CourtListenerSourced 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.