Derrick U. Stricklin v. Nebraska
I. WHETHER THE FAILURE OF DEFENSE COUNSEL TO FILE A
NOTICE OF ALIBI AND PRESENT AMPLE ALIBI EVIDENCE WHEN
INSTRUCTED TO DO SO BY THE DEFENDANT IN A CAPITAL
CASE, TO INVESTIGATE OTHER KNOWN SUSPECTS, AND TO
CONSULT WITH AN EXPERT REGARDING CELL PHONE TOWER
LOCATION EVIDENCE, RENDERS COUNSEL CONSTITUTIONALLY
INEFFECTIVE WITHIN THE MEANING OF THE SIXTH AND
FOURTEENTH AMENDMENTS?
II. WHETHER THE EXCUSE OF "TRIAL TACTICS" MAY BE USED TO
AVOID CONSTITUTIONAL SCRUTINY OF DEFENSE COUNSEL'S
PERFORMANCE IN A CAPITAL CASE WHERE SUCH TRIAL
TACTICS ARE FOREDOOMED TO FAILURE?
Whether the failure of defense counsel to file a notice of alibi and present ample alibi evidence when instructed to do so by the defendant in a capital case, to investigate other known suspects, and to consult with an expert regarding cell phone tower location evidence, renders counsel constitutionally ineffective within the meaning of the Sixth and Fourteenth Amendments?