context: Counsel's failure to follow Dr. Winig's advice to investigate Heishman's mental condition constitutes deficient performance unless it can be justified as a reasonable tactical decision.
citation_a.signal: cf.
citation_a.identifier: 70 F.3d 1037, 1037
citation_a.parenthetical: rejecting a guilt-phase ineffective assistance of counsel claim where counsel followed a psychiatrist's advice to obtain additional psychological evaluation
citation_a.sentence: See Hendricks v. Calderon, 70 F.3d 1032, 1043 (9th Cir.1995) (“[W]here counsel is on notice that his client may be mentally impaired, counsel’s failure to investigate his client’s mental condition as a mitigating factor in a penalty phase hearing, without a supporting strategic reason, constitutes deficient performance.”); see also Bean v. Calderon, 163 F.3d 1073, 1078-80 (9th Cir.1998) (finding penalty-phase ineffective assistance of counsel where counsel waited 10 months to follow the recommendation of two mental health experts for further neuropsychological testing, because “when testing requested by expert witnesses is not performed, ... a capital defendant has not received effective penalty phase assistance of counsel”); cf. Hendricks, 70 F.3d at 1037 (rejecting a guilt-phase ineffective assistance of counsel claim where counsel followed a psychiatrist’s advice to obtain additional psychological evaluation).
citation_b.signal: see also
citation_b.identifier: 163 F.3d 1073, 1078-80
citation_b.parenthetical: finding penalty-phase ineffective assistance of counsel where counsel waited 10 months to follow the recommendation of two mental health experts for further neuropsychological testing, because "when testing requested by expert witnesses is not performed, ... a capital defendant has not received effective penalty phase assistance of counsel"
citation_b.sentence: See Hendricks v. Calderon, 70 F.3d 1032, 1043 (9th Cir.1995) (“[W]here counsel is on notice that his client may be mentally impaired, counsel’s failure to investigate his client’s mental condition as a mitigating factor in a penalty phase hearing, without a supporting strategic reason, constitutes deficient performance.”); see also Bean v. Calderon, 163 F.3d 1073, 1078-80 (9th Cir.1998) (finding penalty-phase ineffective assistance of counsel where counsel waited 10 months to follow the recommendation of two mental health experts for further neuropsychological testing, because “when testing requested by expert witnesses is not performed, ... a capital defendant has not received effective penalty phase assistance of counsel”); cf. Hendricks, 70 F.3d at 1037 (rejecting a guilt-phase ineffective assistance of counsel claim where counsel followed a psychiatrist’s advice to obtain additional psychological evaluation).