Hernandez v. State

PRICE, J.,

delivered a dissenting opinion

in which MEYERS and JOHNSON, JJ., joined.

I dissent. We granted the State’s petition for discretionary review on the following grounds:(1) Does any error on the part of trial counsel that could have an indirect, ancillary impact upon the punishment phase of the trial invoke the Duffy standard, instead of the Strickland standard, for assessing potential ineffective assistance of counsel?(2) Should the Duffy standard be abandoned as the analytical test for assessing claims of ineffective assistance of counsel based upon errors of trial counsel that relate…