Brief filed: 12/18/2006
Schriro v. Landrigan
United States Supreme Court; Case No. 05-1575
Respondent Jeffrey Landrigan told the trial court that he did not want his attorney to present any mitigation evidence. On post-conviction review, the state court held as frivolous his ineffective assistance claim in which he asserted that if his lawyer had raised the issue of his alleged genetic predisposition to violence, he would have cooperated in presenting that evidence in mitigation of death; on federal habeas review, the en banc U.S. Court of Appeals for the 9th Circuit unanimously held that the state court made an "unreasonable determination" of the facts when it found that Landrigan instructed his attorney not to present mitigation evidence at the sentencing hearing. Argument: A knowing, intelligent and voluntary waiver of the right to present mitigation evidence can only occur if the defendant has received the advice of his counsel, based on counsel’s reasonable investigation.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Andrew J. Pincus, Mayer Brown, Rowe & Maw LLP, with the Yale Law School Supreme Court Advocacy Clinic., et al