Victor Rodriguez, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Strine, J., Concurring

Summary

Justice Strine concurred in affirming the Superior Court because Rodriguez failed to establish prejudice under Strickland. He cautioned against relying reflexively on the presumption that jurors follow limiting instructions, reasoning that the particular testimony here was not prejudicial and was capable of being disregarded. He also disagreed that counsel's delayed and perfunctory opening statement was a reasonable strategic decision, but concluded that Rodriguez had not shown a reasonable probability of a different outcome. No separate opinions were provided.