Davis v. State
Annotate this CaseDefendant was convicted of felony murder and subsequently appealed the denial of his motion for a new trial. Defendant contended that his trial counsel rendered constitutionally ineffective assistance when (a) counsel failed to call a defense expert who could purportedly refute the medical examiner's testimony that the victim only had defensive wounds on his body and thereby corroborated defendant's testimony that he acted in self-defense when the victim "slung" at him with a piece of broken glass; and when (b) counsel introduced the videotape of defendant's interrogation by the police. The court rejected defendant's contentions because defendant failed to show that counsel was deficient where a decision whether to call an expert witness was a matter of trial strategy within the broad range of professional conduct afforded trial attorneys and because counsel was not deficient for introducing the videotape as part of a reasonable trial strategy. Finally, defendant waived his contention that the trial court erred when it did not poll the jury to determine the jurors' continued impartiality. Accordingly, the court affirmed the judgment.
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