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Old 06-28-09, 06:13 PM   #8 (permalink)
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Re: no more DNA tests to prove innocence

Quote:
Originally Posted by djdfw View Post
Since it was a strategic decision in this circumstance, it would not be ineffective assistance of counsel
Ineffectiveness of counsel wasn't the issue.

In order to prove up ineffective assistence of counsel one must, iirc, prove that but for the ineffectiveness of counself the outcome at trial have been different. That's a pretty high standard and in many criminal cases the evidence is so overwhelming that defense attorneys sleeping through trials have been cleared of the charge.
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