‘So What?’: Using Reverse Investigation To Articulate Prejudice and Win Post-Conviction Claims

Attorneys representing clients in capital post-conviction proceedings should focus on the “prejudice” that the law requires they prove in order to win relief for their clients. Too many lawyers focus on “error” at the trial court level without marshaling their resources to address the “so what?” question that is usually the impediment to relief in the courts. Ty Alper’s approach — which he calls “reverse investigating” — applies to capital and non-capital post-conviction cases.