Cooke v. State

STEELE, Chief Justice and JACOBS, Justice

dissenting:

While we commend our colleagues for their exhaustive effort in scrutinizing the record in this case, we fundamentally disagree with their core analysis — a holding that U.S. v. Cronic,132 not Strickland v. Washington,133 is the template for resolving the knotty problem of determining whether counsel’s defensive strategy so sharply contrasted with Cooke’s expressed objective that the strategy deprived Cooke of his right to reasonably effective assistance of counsel. In our view, the Majority fails to come to grips with the reality that “death…