Tuesday, August 16, 2005

Counsel's Failure to Recall Reason for Not Presenting Certain Evidence Not Ineffective When Reasons for Counsel's Decision Are Clear from the Record

Greiner v. Wells, Docket No. 04-2809-pr (2d Cir. August 8, 2005) (Op. by Wesley): This opinion, reversing the lower court's grant of habeas, contains a very thorough discussion of the relevant facts as well as the law governing ineffective assistance of counsel claims on habeas review. It breaks no new ground, however, in concluding that trial counsel's decision not to introduce certain evidence at trial constituted objectively reasonable strategy, given the obvious downsides of introducing the evidence in question, despite the fact that trial counsel, seven years later, could not recall why he ultimately decided not to introduce this evidence.

Perhaps the only point worth noting is the Court's decision to discuss counsel's subjective reasons for not introducing the evidence, even after concluding that the record amply demonstrated an objectively reasonable basis for counsel's decision. Thus, while Strickland's "performance" prong is indeed an objective one, a court evaluating an IAC claim must go beyond merely finding that counsel's conduct was objectively reasonable. That conclusion, as the Circuit explains, merely "sustains the initial presumption of effective assistance" but "does not end the matter." Op. at 25. Rather, a court "must also examine counsel's [actual] decision-making process so that if [it] discovers, for instance, that counsel's decisions resulted from incompetence, negligence, or pure serendipity, [it] might reconsider any assumption that a 'choice' made by counsel was strategic." Id.; see also Op. at 33 ("[W]here a habeas petitioner establishes that counsel's choices were not the result of a 'conscious, reasonably informed decision made by an attorney with an eye to benefitting his client,' courts may question such choices.").

In this case, the habeas petitioner demonstrated only that trial counsel (as he testified during a hearing ordered by the habeas court, seven years after the underlying trial) could not recall the reasons for his decision not to introduce the evidence. Petitioner did not show that counsel failed to present the evidence out of laziness, misunderstanding, or ignorance. And a mere failure in memory, the Circuit found, fell far short of "overcom[ing] the presumption that [counsel] rendered effective assistance, a presumption sustained by the transparent logic in avoiding a defense that might actually strengthen the prosecution's case." Op. at 33.

11 Comments:

Blogger Weight Watcher said...

When we are born our brains are like empty computers waiting to be fed information. As we grow our peers act as our programmers, they supply us with the knowledge which we channel through the conscious mind into the subconscious (our hard drive). The subconscious mind is the biggest hard drive ever developed - it stores everything we come in contact with and by no means is all of this information of a positive nature.
All that we have heard, touched, smelt, tasted and seen are stored in the recesses of our minds. The subconscious mind holds on to this information until we need to recall it. For example when you were young your curiosity lead you to investigate your surroundings. When you approached a substance that was dangerous, such as fire, your parents or guardians would most likely have rebuked or scolded you if you ventured too near the flame. Perhaps you may even recall an incident when you were physically burned. Your subconscious mind then began to relate scolding (or pain) with the intense heat of the fire and would therefore feed the feelings of the scolding incident back to you whenever you got too close to fire again, thus acting as an early warning system.
This is the mechanism used by our brains to learn. It is also the same method employed by the mind in every situation. The subconscious mind has a tendency to emulate what it sees - it tends to replicate its environment. This is why so many people find themselves in similar relationships and situations that they saw their parents in while they were growing up. Most people also hold very strongly or similar views of their parents.
Think of a time when you gave yourself praise. What words did you use? Do you use the same words that your parents or peers used when they were praising you? The same is applicable when you scold yourself.

Watch your internal dialogue. Look at it closely. It takes diligence to change the way you think. When you notice yourself thinking a negative chose to think the opposite. This way you neutralise the negative thought. Now the think the positive thought again! You have just reversed the negative thinking in that moment and remember you only have this moment. No other time exists!
Daydream about what might be. Imagine things they way you wish them to be. If you catch yourself thinking "this is just a daydream - a fantasy" then stop! Think the opposite. It is not a daydream it is your reality. Now think it again.

By doing this simple procedure you will begin to retrain your subconscious mind to think positively and you will ultimately begin to consciously create a life that dreams are made of! personal development

August 25, 2006 at 9:34 PM  
Anonymous Anonymous said...

GPS НАВИГАЦИЯ (для автомобилей, КПК, телефонов)

“ДЛЯ ТАКСИ” (с адресной частью – контуры домов, дробная часть);
“ДЛЯ ПУТЕШЕСТВИЙ” (Украина, Россия, Европа, Азия);
“ДЛЯ ОХОТЫ И РЫБАЛКИ” (топографическая).

http://gps-group.hdd1.ru
[url=http://gps-group.hdd1.ru]Узнать подробнее…[/url]

Контроль передвижных объектов
(автомобилей, грузов, ценных предметов и документов, сотрудников, детей, стариков, любимых животных).

Оптимизация затрат по транспорту
мониторинг, диспетчеризация транспортных средств: контроль маршрута - левые рейсы; необоснованный простой.

Контроль расхода топлива
транспортных средств (недолив, слив).

http://gps-group.hdd1.ru
[url=http://gps-group.hdd1.ru]Узнать подробнее…[/url]

Охрана объектов

• (передвижных, стационарных) - дистанционная охрана объектов, возможность дистанционного влияния на контролированный объект.
• Прием тревожных сообщений от объекта наблюдения в случае несанкционированного вторжения, угона, аварии. Прием тревожных сообщений при активации «Тревожной» кнопки.
• Дистанционное управление различными устройствами, как на мобильных, так и на стационарных объектах (например, в случае получения сигнала об угоне – дистанционно блокировать двигатель автомобиля).

http://gps-group.hdd1.ru
[url=http://gps-group.hdd1.ru]Узнать подробнее…[/url]

January 19, 2010 at 1:23 PM  
Anonymous Anonymous said...

Adipex Phentermine Drug Information from Drugs.com. Includes side effects, interactions, indications.
Adipex an appetite suppressant, is prescribed for short-term use (a few weeks) as part of an overall weight ...
Ambien (zolpidem) is a sedative and is used for the short-term treatment of insomnia by helping you fall asleep.
Ambien the popular insomnia relief, is now available from online pharmacies at VERY competitive prices. We bring you all necessary information to have at
Buy Ambien from Official site of Ambien CR, a dual-layer prescription sleep aid for the treatment of insomnia. Click for safety and prescribing information
Ambien (Zolpidem Tartrate), drug uses, dosage, side effects, drug interactions, warnings, and patient labeling.
Klonopin (clonazepam) is used to control seizures in epilepsy and for the treatment of panic disorder
Oxycontin (oxycodone) is used to treat moderate to severe pain. Includes OxyContin side effects, interactions and indications
Oxycontin
Oxycontin
Oxycontin
Buy Adderall Online (amphetamine and dextroamphetamine) is used to treat narcolepsy and attention deficit hyperactivity disorder (ADHD). Includes Adderall side effects
buy Adderall Without Prescription
Adderall No Prescription
Adderall No Prescription
Buy Adderall Online
Buy Adderall
Buy Adderall
Buy Adderall
Adderall
Adderall
Adderall
Adderall
Buy Hydrocodone Online
Buy hydrocodone
Loeazepam
Lorazepam
Loeazepam
Clonazepam
Clonazepam
Clonazepam
Clonazepam

August 9, 2010 at 2:57 AM  
Anonymous Anonymous said...

Clonazepam
affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 9, 2010 at 3:00 AM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
Propecia
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
Alprazolam
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 9, 2010 at 3:03 AM  
Anonymous Anonymous said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
Loeazepam
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 9, 2010 at 3:06 AM  
Anonymous Anonymous said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

Viagra
online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 9, 2010 at 3:12 AM  
Anonymous Anonymous said...

Jgpqclvpf [url=http://www.oakleymaxjp.com/]オークリー サングラス[/url] Zxrtatgkt Mixrtpcyl [url=http://www.oakleymaxjp.com/]オークリー アウトレット[/url] Byuxgveux Omxmwiopz [url=http://www.oakleymaxjp.com/]オークリー ゴルフ[/url] Vsudodzhp Gcewgkhmp [url=http://www.oakleymaxjp.com/]オークリー メガネ[/url] Jvdpmmane Mpuipvdds http://www.oakleymaxjp.com/ Jkkaubvau

December 23, 2012 at 11:34 AM  
Anonymous Anonymous said...

Those who are highly self critical often exhibit the behaviors of perfectionism. It is quite possible that parents who are overly critical of their children will cause them [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
become the same toward themselve[url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
If you already understand and know you might be too critical toward your self, then that is a good starting point.Significant cubes (full cubes melt far a lot more gradually and step by step so these kinds of are acceptable for banquet occasions where ever eyeglasses has [url=http://www.sreecgmath.org/newcheapgucci.php]Gucci outlet[/url]
be positioned early on. It can be really a small its polar atmosphere maker but could make 9 ice each and every 12 minute Therefore ice cubes machines are likely [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
be rally seriously crucial equipment made for specialist use after which for particular use in addition. .
|
IAs rapidly as winter season season strikes everyone prepares for his/her winter season clothes, scarf, mittens and of course the sheepskin shoes that may make your feet snug during the wintertime. Globally, the sheepskin fashion pattern experienced turn out to be very talked-about for these day[url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
Since sheepskin may very well be dyed up [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci[/url]
any shade you want, options from the shade scheme for that sheepskin boot types are 100 % eye-catching and satisfying with the eye[url=http://www.sreecgmath.org/newcheapgucci.php]Gucci bags[/url]

January 7, 2013 at 1:26 PM  
Anonymous Anonymous said...

CafChearf Joe Flacco Super Bowl Jersey
CafChearf NaVorro Bowman Jersey Super Bowl
eldengady NaVorro Bowman Youth Jersey

February 1, 2013 at 5:04 AM  
Anonymous Anonymous said...

prostatitis impotence cialis price generic cialis,cialis cialis, viagra online cialis price,viagra cialis
http://genericcialispricegnf.com#cialis http://cialisonlinepillsgkd.com#cialis http://genericviagraonlinejvrg.com#viagra online http://buyviagraonlinertvr.com#buy viagra

April 4, 2013 at 10:55 AM  

Post a Comment

<< Home