Presley v. State

I dissent. I do so for two reasons. First, I do not believe the movant has shown “a reasonable probability” that but for the error of counsel the result of his trial would have been different as required by Strickland. Second, I believe that the movant waived the right to assert ineffective assistance of counsel by reason of that error.

The applicability of the principles upon which each of these reasons is based depends upon the extent of the infringement of the constitutional right involved. The failure of counsel to challenge juror Cates for cause is the infringement involved. That failure…