Based on relevant case law, we can surmise that the lawyer’s failure to raise appropriate concerns during the sentencing phase:

Question

Rock star Tim Three-Tone has been convicted of first-degree murder in the death of his manager. Famed courtroom reporter Nancy Lace notes that Tim’s lawyer, Rickey James, had fallen asleep during the prosecutor’s closing arguments, but had otherwise done a reasonable job considering how much forensic evidence the prosecution presented. Tim, however, feels that his lawyer did a particularly poor job during the sentencing phase of his bifurcated trial. Even Nancy Lace notes that it was odd for the lawyer not to call any witnesses in the sentencing phase or to offer any evidence of mitigating circumstances—especially in light of Tim Three-Tone’s well-chronicled tale of surviving childhood abuse. Timmy is ultimately sentenced to die by lethal injection.

a. Is irrelevant, as effective counsel claims are restricted to what occurs during the first part of a bifurcated trial, not the sentencing phase
b. Is potentially grounds for the Supreme Court of the United States to grant a new trial, as it has done in two similar instances
c. Is potentially grounds for the Supreme Court of the United States to grant a new trial based on the 5th Amendment
d. Is irrelevant, as effective counsel claims must be based on what a lawyer actually did, not on what they failed to do

Answer 1

ANS: B