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Home / Opinion Digests / Criminal Practice / Criminal Practice – Continuance Motion – Diminished Capacity Defense – No Prejudice – Jailhouse Phone Calls  (access required)

Criminal Practice – Continuance Motion – Diminished Capacity Defense – No Prejudice – Jailhouse Phone Calls  (access required)

  Where (1) defense counsel did not take the opportunity to review defendant’s jailhouse calls when the state provided them, (2) the jailhouse calls that the state used as rebuttal evidence do not contradict the defense expert’s testimony that defendant suffers from bipolar disorder and could act with diminished capacity at times, and (3) defendant has ...

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