transcript of a court hearing or oral argument: A-5908

The speaker is arguing that the defense counsel was ineffective and failed to properly investigate or present certain evidence, and that this failure was not strategic but rather an oversight or careless mistake. The speaker believes this meets the first prong of a test for ineffective assistance of counsel and is now discussing the issue of prejudice. The court is being urged to consider whether the defense counsel's actions were a result of ineptitude rather than strategy.