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Accordingly, a consequential damages waiver will exclude any damages, other than direct damages, even if they are reasonably foreseeable because such damages are one or two links down the causal chain.
The Supreme Court has not recognized the Sixth Amendment right to counsel beyond an initial direct appeal. This means that there is no guarantee that the condemned will eventually receive a good lawyer capable of convincing the reviewing court that the death sentence was a result of poor lawyering in the first place.