第68页 The Death Penalty as a Political Tool

In other words, if the defense attorney has any reason at at all to file such a motion she must do so. The price of failing to do so is that the issue almost never can be brought to the attention of the federal court unless it is accompanied by proof of actual innocence. This certainly increases the burden on the defense attorney. To fail to object, to file a motion, or to elicit a fact from a witness may indeed prove literally fatal later to your client's ability to even talk about the issue to a federal court. It is a daunting and frightening prospect.