State v. Woods

[ ^LOTKIN, J.,

Dissents with Written Reasons.

The majority correctly points out that ineffective assistance of counsel claims are reviewed under the two-part test of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In order to prevail, the defendant must show both that: (1) counsel’s performance was deficient; and (2) he was prejudiced by the deficiency. In the instant case, the defendant has demonstrated that his trial counsel made errors so serious that he was not functioning as the counsel guaranteed by the Sixth Amendment. The defendant also has met the second…