Downs v. Moore

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the State is not precluded from admitting evidence of defendant’s refusal to answer one question of many where defendant has not invoked his Fifth Amendment rights
• stating that appellate counsel can be deemed ineffective for failing to raise an issue on appeal that presents a question of fundamental error
• finding no error in the State’s question or in a police officer’s answer because the defendant “waived his constitutional rights and expressed a desire to talk to the police.”
• “[T]he deficiency of that performance compromised the appellate process to such a degree as to undermine confidence in the fairness and correctness of the appellate result.”

Source: CourtListener parenthetical corpus (CC0).