Davitt v. State

Phipps, Judge.

David Davitt was convicted of child molestation and aggravated child molestation. Although his convictions were affirmed on direct appeal, the case was remanded to the trial court for consideration of Davitt’s claim of ineffective assistance of trial counsel.1 On remand, the burden was on Davitt to show that counsel performed deficiently and that, but for the deficient performance, there was a reasonable likelihood that the outcome of the trial would have been different.2 After conducting a hearing, the trial court ruled that Davitt did not carry this burden. Davitt appeals. We…