Cason v. State

I concur in the results reached, however, on slightly different grounds. My primary objection to the standard of review in cases alleging ineffective assistance of counsel was the use of the phrase “farce and mockery” as a standard of review. This term originated in the Court of Appeals for the District of Columbia. Diggs v. Welch, 148 F. 2d 667 (D.C. Cir. 1945). However, the circuit subsequently abandoned the phrase and now uses the standard of “reasonably competent assistance of an attorney acting as his diligent conscientious advocate.”

The standard of review by this court in cases where…