State v. Duncan

WYNN, Judge.

When reviewing a claim for ineffective assistance of counsel, this Court considers whether the counsel’s performance was deficient, and whether the “deficient performance prejudiced the defense.”1 Here, Defendant Thomas Howard Duncan contends his trial counsel failed to offer any evidence as to Defendant’s state of mind at the time of the crime. Although it is exceedingly unlikely that, in the face of the overwhelming evidence against him, Defendant might have been found not guilty of the murder, we find that there is a reasonable probability that evidence to Defendant’s state of…