Davis v. State

Rose, J., with whom Springer, J., agrees,

concurring:

I am concurring because the performance of Roger Davis’ (Davis) counsel was deficient in two respects, but the result of the trial would have been the same even if the errors had not been made. Therefore, reversal is not mandated pursuant to Strickland v. Washington, 466 U.S. 668 (1984).

The two errors I believe defense counsel for Davis made at trial were that (1) no objection was lodged to the prosecutor’s improper reference to Davis’ refusal to take a lie detector test, and (2) defense counsel did not request an instruction delineating the…