Damond Dean v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess JusticiabilityDoctri
Question not identified
No question identified. : ia So HY ___—__—— Question Number One: . Counsel rendered ineffective assistance by failing to object to K.H.'s (Complainant) therapist's testimony when she told the jury . "I would say most of the time, if not the majority of the time, . ‘that children come into our center, it is very rare that we see a . child come in that is lying." RR5, 126. Because thissHonorable Court makes it clear that "determining the weight and credibility of witnéss testimony belongs to the jury,"! should the jurists of ' reason consider the lower court's decision substantially debatable, for holding "Counsel cured any possible harm by eliciting from the , therapist testimony that she does not conduct investigations, and does not know with certainty whether. any victim including K.H. are telling the truth or a lie?" Cf. United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 1278 (1998).. : Question Number Two: . . . Counsel rendered ineffective assistance by failing to investigate and present material witnesses to corroborate the Petitioner's '. defensive theory that no sexual assault ever took place. Because Counsel is obligated to conduct a reasonable investigation in or: der to present the most persuasive case that he can, should a ju“rist of. reason consider the lower court's decision substantially debatable for generally holding: "Petitioner fails to show how any of the present evidence would have altered the outcome of .the trial to demonstrate that counsel provided ineffective assistance?" See Strickland v. Washington, 466 U.S. 668, 685, 104 S.Ct. 2054 (1984). Li Oar ORPARTES kj All parties appear in the caption of the case on the cover page. [] All parties do not appear in the caption of the case on the cover page. A list of all