JACKSON

v.

UNITED STATES

Citator

Cited By (14 total)

• Milo A. Rose v. State, 617 So. 2d 291 (Fla. 1993)
  …nge his posture at the penalty phase. “When a defendant preempts his attorney’s strategy by insisting that a different defense be followed, no claim of ineffectiveness can be made.” Mitchell v. Kemp, 762 F. 2d 886, 889 (11th Cir.1985), cert. denied, 483 U.S. 1026, 107 S.Ct. 3248, 97 L.Ed.2d 774 (1987). Rousen testified that once the case reached the penalty phase, he tried to raise issues of insanity, intoxication, and lack of specific intent to the extent possible while still maintaining Rose’s innocence.…
• Bolender v. Singletary, 16 F.3d 1547 (11th Cir. 1994)
  …1430, 1432-33 (11th Cir.1987). An "attorney’s decision not to investigate must not be evaluated with the benefit of hindsight but accorded a strong presumption of reasonableness.” Mitchell v. Kemp, 762 F. 2d 886, 889 (11th Cir.1985), cert. denied, 483 U.S. 1026, 107 S.Ct. 3248, 97 L.Ed.2d 774 (1987). The Supreme Court has outlined the general standard: ”[i]n any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all circumstances, applying a hea…
• Jackson v. Herring, 42 F.3d 1350 (11th Cir. 1995)
  …this right exists only insofar as her counsel reasonably deems such mitigation evidence appropriate. See Mitchell v. Kemp, 762 F. 2d 886, 889 (11th Cir.1985) (attorney “has no absolute duty to present mitigating character evidence”), cert. denied, 483 U.S. 1026, 107 S.Ct. 3248, 97 L.Ed.2d 774 (1987). So long as a defendant’s counsel makes a “reasonable strategic judgment to present less than all possible available” mitigation evidence, counsel’s performance is presumed effective. Mitchell, 762 F. 2d at 8…