Davidson v. State
2000 WL 674697 (Tenn. Crim. App.)
Davidson was convicted of murder and sentenced to life in prison
without the possibility of parole. He contended that his trial counsel
had failed to provide effective legal assistance.
Davidson asserted that his attorney should have requested a
"psychological evaluation" because the attorney knew that Davidson's
mother had consumed alcohol regularly during pregnancy. The court held
that the lawyer had made a sufficient effort to look into that issue.
"Counsel testified at the post-conviction hearing that Dr. Wilroy,
an expert witness, was hired to investigate the possibility of a defense
based upon fetal alcohol syndrome. Dr. Wilroy reviewed medical records,
photographs of the petitioner and other information provided by counsel
and determined that there was no basis for a defense based upon fetal
alcohol syndrome. Additionally, counsel engaged in discussions with
psychologists at Midtown Mental Hospital and also with Dr. Ciocca. These
consultations confirmed counsel's initial determination that a
psychological evaluation would be of no benefit."
20000 WL 674697 *2.
The fact that this attorney at least attempted to inquire whether
his client might have FAS sets a higher standard of care for attorneys
than is met in many other cases.