Page 20 - NCISS Your Advocate September 2020

NCISS Member News and News for Members

Supreme Court of the United States - Ineffective Counsel and the failure to conduct a mitigation investigation
(Criminal Defense Investigation Training Council - Brandon Perron, CCDI)
Opinion: “Counsel performed virtually no investigation of the relevant evidence. Those failures also fettered the
defense’s capacity to contextualize or counter the State’s evidence of Andrus’ alleged incidences of past violence.

And when pressed at the hearing to provide his reasons for failing to investigate Andrus’ history, Andrus’ counsel offered
none. The Texas trial court that heard the evidence recommended that Andrus be granted habeas relief and receive a
new sentencing proceeding. The court found the abundant mitigating evidence so compelling, and so readily available,
that counsel’s failure to investigate it was constitutionally deficient performance that prejudiced Andrus during the
punishment phase of his trial. The Texas Court of Criminal Appeals disagreed. It concluded without explanation that
Andrus had failed to satisfy his burden of showing ineffective assistance under Strickland v. Washington, 466 U. S. 668
(1984). We conclude that the record makes clear that Andrus has demonstrated counsel’s deficient performance under
Strickland, but that the Court of Criminal Appeals may have failed properly to engage with the follow-on question
whether Andrus has shown that counsel’s deficient performance prejudiced him. We thus grant Andrus’ petition for a
writ of certiorari, vacate the judgment of the Texas Court of Criminal Appeals, and remand the case for further
proceedings not inconsistent with this opinion.”
- continued at www.supremecourt.gov/opinions/19pdf/18-9674_2dp3.pdf

Protecting Your Agency, Reputation, and Our Profession – Assuring Data Providers and Clients
(Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI; Robert Orozco and PPIAC Legislative Committee)
This information originally developed in response to Colorado losing its licensing program (effective 09/01/2020), and
now with widely published – false and misleading articles – attacking our profession and questioning the professional
investigators legitimate and necessary access to records and other resources. Together we can all strengthen the
reputation of our profession. These are also recommended from PPIAC to members.

The issuance of a license does not provide any assurance to data providers of the experience and integrity of the
investigator. The access requirements under state and federal statute and/or regulation are usually:
1) Licensed in the state or jurisdiction in which you are operating (if applicable);
2) Have a permitted or otherwise lawful purpose;
3) Your activity must be lawful; and
4) Your activity must be ethical.

All investigators should have a CV or background information for data provider vetting processes. If you are unlicensed,
we recommend obtaining a license in a contiguous jurisdiction to demonstrate a clear FBI fingerprint background to
show no prohibitive criminal background. In addition, we recommend having both a surety bond – to protect the client,
and liability insurance coverage – to protect yourself. This provides additional assurance to the data provider.

We further recommend your agency have ethics, policies and procedures, with the following minimum standards:
- Confidentiality in work-product and communications, and other standards of practice.
- Contract with disclosure of services, fee, and verbal or written report upon completion.
- Avoid any conflicts of interest.
- Detailed and secure recordkeeping.
- Truthfulness in advertising education, training, experience, and services.

Given the renewed attacks on our profession, in both our legitimate access to records be questioned and implied as
unethical, and with Colorado becoming unlicensed and other states under this deregulation radar, the above are
potentially added protection. Demonstrating professional standards and client protections within your agency extends
confidence. Moreover, your membership to state associations, NCISS, and other premiere associations with ethics for
members is another factor of credibility.

20