The accused, E.F., applied for a mistrial following his conviction for sexual assault and assault, alleging ineffective assistance of counsel.
The court dismissed the application, finding that trial counsel provided meaningful assistance and that the alleged deficiencies did not compromise trial fairness or lead to a miscarriage of justice.
The court emphasized the high bar for granting a mistrial on this ground, the strong presumption of counsel competence, and that tactical decisions by counsel, even if questionable in hindsight, do not necessarily constitute ineffective assistance.
The court also found the applicant's testimony regarding his dissatisfaction with counsel and lack of preparation to be inconsistent and undermined his credibility.
