Currently Browsing:Prejudice

SC Supreme Court: PCR Granted in Armed Robbery Case, Counsel’s Deficient Performance Requires Retrial

Stephen Smalls v. State (No. 27764) In this PCR case, the Court of AppealsĀ held that trial counsel was deficient, but found that the evidence against Smalls was overwhelming, undermining hisĀ Strickland claim. The Supreme Court now reverses, finding that the evidence was not overwhelming, and therefore Smalls is entitled to relief. The underlying case involves an

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