finding that a claim of cumulative error also requires a showing of prejudice
How later courts described this case
- finding that a claim of cumulative error also requires a showing of prejudice
- acknowledging the long-standing rule “that a cross-examining attorney must accept the answer given by a witness regarding a collateral matter”
- defendant must show that counsel’s errors were so serious as to deny him a fair trial and render the result unreliable
- employing a strong presumption that counsel’s decisions were the product of sound trial strategy
Written by the judges who cited it.
The opinion
Cavanagh, J.
(dissenting). Although I might disagree with the Court of Appeals conclusion, as other members of this Court do, that is not a reason to issue a per curiam reversal. The Court of Appeals applied the correct legal standard for ineffective assistance claims to the facts and had a plausible basis in the record for its conclusion that trial counsel was ineffective. I do not think the unpublished decision of the Court of Appeals is clearly erroneous and would deny leave.
Kelly, J., concurred with Cavanagh, J.