Hurd v. State

Young, J., with whom Springer, C. J., joins,

dissenting:

The record before this court in this case is troubling. It is inadequate to repel all of Hurd’s allegations of ineffective assistance of counsel. Even more troubling is that the majority, instead of remanding for an evidentiary hearing to confirm or disprove these allegations, has chosen to overlook the inadequate record, disregard the relevant standard of review, and base its affirmance on inferences and unsupported allegations rather than established facts.

The state declares in its brief to this court that it cannot provide “a statement…