holding, “While we agree that trial counsel could have probed some of the jurors in more depth to discover their ability to be fair and impartial jurors, we do not find such failure to be deficient performance.”
How later courts described this case
- holding, “While we agree that trial counsel could have probed some of the jurors in more depth to discover their ability to be fair and impartial jurors, we do not find such failure to be deficient performance.”
- finding sufficient evidence to support instruction on accomplice liability where two police officers testified that “ ‘it was a possibility’ that [defendant] did not act alone in committing the crime.”
- finding support in the evidence for an accomplice liability instruction where there was “testimony that it was a possibility that other people may have been involved in the crime”
- holding "the political nature of appointments of public defenders" and "counsel's alleged attendant lack of independence from the trial judge" do not create a presumption of ineffective assistance based on a conflict of interest
Written by the judges who cited it.
The opinion
BOEHM, J.,
concurs except for part I-B-3; he nevertheless concurs in the result of part I for the reasons set forth in part I-B-l and part I-B-2.