Cooper v. State

I dissent, because I conclude that Cooper established that his trial counsel was deficient in failing to investigate and present evidence of the victim’s substantial history of violence against the defendant, his mother, and others, and that this deficiency prejudiced Cooper.

To establish a claim of ineffective assistance of counsel at trial, a defendant must show that the attorney’s performance was deficient and that the deficient performance prejudiced the defense.10 On appeal, this Court accepts the trial court’s factual findings and credibility determinations unless clearly erroneous, but…