Did the Washington State Appellate Court err in finding that Mr. Biggs was not prejudiced by his trial counsel's failure to raise the defense of diminished capacity?

QUESTIONS PRESENTED | * Mr. Biggs alleged that his trial counsel was ineffective i : for failing to raise the defense of diminished capacity. i : The facts and evidence in the record contain sufficient ; proof of Mr. Biggs inability to distinguish between : : what he thought and what happened. The Washington E State Appellate Court, in finding no prejuduce, relied : upon a diminished capacity defense not being available | / to a first degree rape canviction due to it contains ‘ no mens rea element. ‘ The case thus presents the following questioni : Did the Washington State Appellate Court err in i i finding that Mr. Biggs was not prejudiced by his trial E : counsel's failure to raise the defense of diminished i capacity when the decision is in conflict with the Ninth : Circuit decision. ! *Mr. Biggs alleged the tria! court erred when it found i two separate penetrations formed two independent | criminal intents which justified a finding that two separate crimes of rape in the first degree were i committed. Based upon this finding, Mr. Biggs was | : ordered to serve a consecutive sentence. in finding no errar, the Washington State Appellate Court relied upon Mr. Biggs committing each penetration i in separate places...eg. on the bed and on the floor. | | The case thus presents the following questionDid the trial court err in finding the two separate i penetrations constitute two separate crimes? | | , 2 i