Legal Opinion

State v. Duncan

Court of Appeals of North Carolina

Decided February 5, 2008No. COA07-85Published

1Opinion of the Court

656 S.E.2d 597 (2008)

STATE of North Carolina

v.

Thomas Howard DUNCAN.

No. COA07-85.

Court of Appeals of North Carolina.

February 5, 2008.

Attorney General Roy Cooper, by Special Deputy Attorney General H. Dean Bowman, for the State.

Center for Death Penalty Litigation, by Lisa Miles, Durham, for defendant-appellant.

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…

Also in this document: Concurring in part, dissenting in part.

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. BraswellSupreme Court of North Carolina · 1985
  3. State v. FairSupreme Court of North Carolina · 2001
  4. State v. RoacheSupreme Court of North Carolina · 2004
  5. State v. FletcherSupreme Court of North Carolina · 2001

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