Passwater v. StateAnnotate this Case
Defendant was charged with the murder of his mother. He was subsequently found guilty but mentally ill and ultimately sentenced to fifty-five years' incarceration. Defendant filed an amended petition for post-conviction relief, alleging that his trial counsel rendered ineffective assistance for, inter alia, failing to object to the trial court's tendered instruction on the penal consequences of verdicts for not responsible by reason of insanity and guilty but mentally ill. Defendant's petition was denied. The Supreme Court affirmed, holding that Defendant failed to satisfy the prejudice prong of Strickland v. Washington and therefore could not prevail on his ineffective assistance claim.