In a criminal appeal as of right based on a dissent, the appellant argued ineffective assistance of trial counsel and resulting unfair trial.
The Court applied the two-part test requiring proof of counsel incompetence and a resulting miscarriage of justice.
It held that, although the dissent identified critical deficiencies, the reasons did not establish how those deficiencies caused a miscarriage of justice.
The Court was not persuaded that any form of miscarriage of justice occurred and dismissed the appeal.