I have the privilege to join the majority’s well-reasoned opinion in large part. For example, I agree that a post-conviction petitioner cannot raise a stand-alone claim seeking dismissal based upon an alleged legal insufficiency of the convicting evidence. I also agree that the Petitioner here has not shown that he received the ineffective assistance of counsel with respect to the victim’s testimony and the in-court identification.2 Finally, I agree that trial counsel rendered deficient performance in failing to raise and argue that the accomplice’s testimony was not sufficiently corroborated. Where I respectfully part ways with the majority concerns its analysis of whether the Petitioner has shown that the reliability of his verdict was undermined by trial counsel’s failure to argue a lack of corroboration.
Case Number
M2021-01324-CCA-R3-PC
Originating Judge
Judge James A. Turner
Date Filed
Dissent or Concur
This is a concurring opinion
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Separate Opinion 2021-1324-CCA.pdf141.75 KB