Gregoire v. State

I disagree with the majority’s holding that trial counsel’s repeated failures to object to improper bolstering testimony was a reasonable trial strategy. Instead, as explained in Division 1 of the special concurrence, those failures constituted deficient performance, and I therefore fully join in Division 1 of the special concurrence. However, I disagree with the special concurrence’s further conclusion that the defense was not prejudiced by that deficiency. Accordingly, I respectfully dissent.

The special concurrence relies on three cases in support of its conclusion that Gregoire has failed…