Funes v. State

How courts have described this case

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

• reiterating that evidence of a fight prior to a killing does not constitute serious provocation
• explaining that trial counsel’s decision not to pursue a meritless issue does not constitute ineffective representation
• finding no abuse of the trial court’s broad discretion to determine the scope of cross-examination where the court admonished defense counsel that he was not using a prior statement properly and invited counsel to proceed by the rules but counsel then moved on to other questions
• “Cross-examination is grounded in trial strategy and rarely results in constitutionally deficient performance, even if aspects of the examination are challenged in hindsight.”
• evidence did not support a voluntary manslaughter instruction where defendant testified that he fired gun out of fear
• “trial counsel’s decision not to pursue [a] meritless issue does not constitute ineffective representation”

Source: CourtListener parenthetical corpus (CC0).