Banks v. State

In Banks v. State, 842 So. 2d 788 (Fla. 2003), the defendant argued that defense counsel was ineffective for failing to consult mental health experts. Id. at 790. However, counsel did consult experts and "decided on a strategy after considering his options." Id. at 791. The experts' reports discussed the defendant's alcoholism and possible childhood physical abuse. Id. The Court found no deficient performance because counsel felt that the child abuse strategy would be ineffective and that introducing evidence of the defendant's consumption of alcohol would be inconsistent with his theory of the case. Id.