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LUMPKIN, Judge, concur in results:
¶ 1 I concur, based on stare decisis, in the discussion dealing with ineffective assistance of counsel. See Walker v. State, 933 P.2d 327, 341-44 (OM.Cr.1997) (LumpMn, J.: Concur in Results).
¶2 I have reviewed Petitioner’s application, together with the argument and authority provided. In accordance with the criteria set out in Braun v. State, 937 P.2d 505, 511-14 (OM.Cr.1997), I concur with the Court’s decision that counsel’s performance was not deficient and the underlying substantive claims sought to be raised by petitioner are proeedurally barred.
¶3 In addition, it should be noted the criteria set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for evaluating effectiveness of counsel has been further explained in Lockhart v. Fretwell, 506 U.S. 364, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993). Applying the Lockhart standard, the record is void of any evidence the trial was rendered unfair and the verdict rendered suspect or unreliable.
Document Info
Docket Number: PC-97-404
Citation Numbers: 1998 OK CR 18, 956 P.2d 906, 69 O.B.A.J. 1027, 1998 Okla. Crim. App. LEXIS 19, 1998 WL 120199
Judges: Chapel, Johnson, Lane, Lumpkin, Strubhar
Filed Date: 3/11/1998
Precedential Status: Precedential
Modified Date: 11/13/2024