concluding that evidence of defendant’s silence was admissible to rebut the defendant’s claims that he had cooperated with police
How later courts described this case
- concluding that evidence of defendant’s silence was admissible to rebut the defendant’s claims that he had cooperated with police
- "`When an ineffective assistance claim is predicated on counsel's failure to interpose an objection, appellant has the burden to show that a proper objection would have been sustained by the trial court.'" (citation omitted)
- counsel’s decision to waive “perfunctory objections having little chance of success or no direct or substantial relationship to the main thrust of the defense is within the realm of reasonable trial strategy”
- “The defense attorney may well have decided, however, to let the brief statement pass unremarked rather than to highlight it with even a sustainable objection.”
Written by the judges who cited it.
The opinion
DICKSON, Justice,
dissenting.
I agree with the analysis of Justice Boehm in Part I of his dissenting opinion. Because these considerations lead me to conclude that the judgment of the trial © court should be reversed, I express no opinion on the remaining issues.