Whether a criminal-defense attorney who requests critical defensive evidence from a government agency but fails to subpoena the evidence after the request is denied or ignored has provided effective assistance of counsel?

QUESTION PRESENTED In Rompilla v. Beard, 545 U.S. 374 (2005), this Court held that a criminal-defense attorney who investigated mitigating evidence but failed to find valuable public records provided ineffective assistance. If a criminal-defense attorney requests critical defensive evidence from a government agency but then fails to subpoena the evidence after the request is denied or ignored, has counsel provided effective assistance? 2