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1. beeran+(OP)[view] [source] 2023-09-24 16:16:10
> found evidence suggesting he was innocent.

No, deciding to (not) call an expert witness to present a different theory (that conflicts with the rest of your defense claims) isn't "found evidence". It's strategy.

It's the same buyers remorse, no-true-scotsman argument. Case lost, therefore ineffective assistance.

The lawyer could have presented a different argument, but didn't. Convicted now wants to make a different argument on appeal.

'That injury shouldn't have killed her that quickly.' isn't new medical evidence. Just an argument not made.

'Also I forgot I saw a boy hit her with a pipe. It must have been that injury. Even though I just claimed the same time frame was impossible if I had hit her.' Isn't new evidence, just a new argument.

This is on top of him not allowing the mom to bring her to the hospital until the next day, after she was already dead. Eta: Oh yea, also on top of the admitted statutory rape stuff.

>where federal investigators found evidence suggesting he was innocent

No, they just decided (with the benefit of hindsight) that they would have used a different defense strategy.

That's not "found evidence suggesting he was innocent."

replies(1): >>lumino+hi
2. lumino+hi[view] [source] 2023-09-24 18:03:25
>>beeran+(OP)
I didn't know the details of the case or am a lawyer; it just seemed this was what op was talking about. but looking into it the case seems pretty clear cut.

the death sentence is still a barbaric practice.

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