SUTHERLAND

v.

SUTHERLAND

Citator

Cited By

• Rose v. State, 675 So. 2d 567 (Fla. 1996)
  …ee Horton v. Zant, 941 F. 2d 1449, 1462 (11th Cir.1991) (“[C]ase law rejects the notion that a ‘strategic’ decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them.”), cert. denied, 503 U.S. 952, 112 S.Ct. 1516, 117 L.Ed.2d 652 (1992). As noted above, it appears to have been a choice directly arising from counsel’s incom-peteney and lack of experience. However, counsel, regardless of his inexperience, was not at liberty to abdicate his resp…
• Marek v. Singletary, 62 F.3d 1295 (11th Cir. 1995)
  …considered abandoned. See Allstate Ins. Co. v. Swann, 27 F. 3d 1539, 1542 (11th Cir.1994). . The question of whether a decision by counsel was a tactical one is a question of fact. Horton v. Zant, 941 F. 2d 1449, 1462 (11th Cir.1991), cert. denied, 503 U.S. 952, 112 S.Ct. 1516, 117 L.Ed.2d 652 (1992). . We hold in the alternative that the claim lacks merit because counsel was not precluded from presenting this alleged mitigating evidence. He made a tactical choice not to have Dr. Krieger testify. See disc…
• Cargill v. Turpin, 120 F.3d 1366 (11th Cir. 1997)
  …statement was made while '[t]he culprits [are] still concealing their identity.’ ’’ Horton v. Zant, 941 F. 2d 1449, 1464 (11th Cir.1991) (first alteration added) (quoting Chatterton v. State, 221 Ga. 424, 144 S.E. 2d 726, 732 (1965)), cert. denied, 503 U.S. 952, 112 S.Ct. 1516, 117 L.Ed.2d 652 (1992); see also O.C.G.A. § 24-3-5 (1995). Georgia's rule is thus broader than its federal counterpart. See Fed.R.Evid. 801(d)(2)(E) ("a statement by a coconspirator of a party during the course and in furtherance…