Murphy was convicted of murder and sentenced to death. On appeal he argued that his attorney had failed to fully investigate possible mitigating factors. He specifically objected that the attorney should have called an expert witness on FAS and should have obtained a neuropsychological assessment to investigate possible organic brain damage. 747 N.E. 2d at 797.

The appellate court rejected this argument because "the record does not show that defense counsel failed to investigate these possibilities." 747 N.E. 2d at 797. That sort of showing would ordinarily be easy to make in a post-conviction proceeding.