State v. Franklin

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 28. (dissenting). How a court states the question presented in a case often determines the response. But in the present cases, no matter how the question is stated, the response is the same.

¶ 29. The majority opinion states the question presented in these cases as follows: Did the defendants receive ineffective assistance of counsel because their trial attorneys failed to object to six-person juries, even though around the time of their trials this court had accepted certification of State v. Hansford,1 challenging the constitutionality of the statute…