State v. Anthony R. Pico

SHIRLEY S. ABRAHAMSON, J. (dissenting).

*316¶ 61 In an interview with law enforcement, the defendant gave equivocal statements regarding whether he touched the vagina of D.T., an eight-year-old girl. Given the circumstances of the instant case, advancing a reasonable doubt defense instead of properly investigating the defendant's frontal lobe injury amounted to deficient performance. In my view, a reasonable probability exists that but for trial counsel's failure to properly investigate the defendant's frontal lobe injury, the result of the defendant's trial would have been different.

¶ 62…