Branch v. State

DISSENTING OPINION

DAVID PURYEAR, Justice.

I agree with the majority’s disposal of Branch’s first two issues. I further agree with the majority that the prosecutor’s statement related to parole was improper and that Branch’s attorney should have objected to the statement. However, because I disagree that Branch has shown either that his defense attorney was ineffective or that he was prejudiced as a result of his attorney’s failure to object, I must respectfully dissent.

Was counsel ineffective?

A defendant receives ineffective assistance only if counsel’s performance undermined the trial process…