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STATE v. DUNCAN

No. COA07-85.

656 S.E.2d 597 (2008)

STATE of North Carolina v. Thomas Howard DUNCAN.

Court of Appeals of North Carolina.

February 5, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General H. Dean Bowman, for the State.

Center for Death Penalty Litigation, by Lisa Miles, Durham, for defendant-appellant.

WYNN, Judge.

When reviewing a claim for ineffective assistance of counsel, this Court considers whether the counsel's performance was deficient, and whether the "deficient performance prejudiced the defense."1 Here, Defendant Thomas Howard Duncan contends his trial counsel failed to offer any evidence as to Defendant's state of mind at the time of the crime. Although it is exceedingly unlikely that, in the face of the overwhelming evidence...

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