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Thompson v. Commonwealth11/23/2005
2066.
That said, I believe the failure of Appellant's trial counsel to identify the math error cannot be said to be "outside the wide range of professionally competent assistance." Trial counsel was an experienced attorney who reviewed the evidence and diligently developed a well-reasoned theory of the case. He actually objected to the totality of the accident reconstruction expert evidence, though this objection was overruled by the trial court. Not a single person, including the several lawyers and the trial judge, identified the math error until Justice Cooper discovered it for the first time on Appellant's direct appeal.
The majority opinion's Monday-morning-quarterback approach is contrary to our well-established precedent in this area. Based on this record, it is dubious to claim that trial counsel made errors so serious that he was not functioning as counsel. In reaching this conclusion, the Court has not only ignored the law on this matter but has engaged in an independent review of the case in contravention of well-settled standards of review. Therefore, I respectfully dissent.
Graves and Wintersheimer, JJ., join this dissenting opinion.
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