Darryl Lee Elkins v. State of Tennessee and Rhonda Grills v. State of Tennessee - Concurring

Case Number
E2005-02153-CCA-R3-PC

I concur in the results reached and most of the reasoning in the majority opinion. I respectfully disagree with the court’s statement that the standard of prejudice for ineffective assistance of appellate counsel is whether, absent counsel’s deficiency, a reasonable probability exists that the outcome of the appeal would have been different. I believe that the proper standard is the same for trial counsel, that is, whether a reasonable possibility that, but for counsel’s deficiency, the outcome of the trial would have been different.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge R. Jerry Beck
Case Name
Darryl Lee Elkins v. State of Tennessee and Rhonda Grills v. State of Tennessee - Concurring
Date Filed
Dissent or Concur
This is a dissenting opinion
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