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People v. McMillin9/1/2004
erformance against its potential effect on the outcome of the case. Therefore, even where counsel's mistakes are egregious, we are required to examine them in the context of all the evidence in the case. We must determine whether a different outcome was reasonably possible in the absence of counsel's errors.
We believe that there is a reasonable probability that, but for counsel's failings, the trial's outcome may have been different. Counsel's presentation of the defendant's "decade of criminality," the prosecution's cross-examination about that history, the distortion of critical evidence during closing argument, and Tim Wehrle's hearsay accusation are significant errors, the cumulative effect of which undermines confidence in the outcome of the case. We cannot say, given the presence of significant professional errors, that the defendant received a fair trial, understood as a trial resulting in a verdict worthy of confidence.
*348 Because the defendant was deprived of his constitutional right to the effective assistance of counsel, we reverse and remand for a new trial.
Reversed; cause remanded.
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