David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of Florida

I would affirm. The question before the district court was whether this state prisoner, sentenced to death for three murders, was deprived of his Sixth Amendment right “to have the Assistance of Counsel for his defence”. This constitutional mandate, visited upon the states through the Fourteenth Amendment,1 has been interpreted to require “effective” assistance of counsel2 at sentencing, as well as at trial.3

Attorney William Tunkey was appointed to represent Washington. He was a well established criminal lawyer, thoroughly experienced in criminal and capital cases. After Tunkey had prepared…