Michael Bakalekos, James Bauldree, Randall Beers, Curtis Briggs, Darel Casteel, Dan Chandler, Mary — Hannah, J…

Summary

The concurrence agrees that the denial of Kelley’s post-conviction petition should be affirmed but would affirm on the ground that counsel’s performance was objectively reasonable, not for lack of prejudice. It concludes that the chlamydia evidence was highly prejudicial and that prejudice would have been established if deficient performance had been shown, while counsel could not reasonably have been expected to anticipate a later confrontation-clause decision. The concurrence does not announce the court’s controlling holding.