A child-witness's initial interview with the authorities was recorded and the child un-equivocally stated that the Petitioner did not sexually assault/molest her in any way. Due to a failure to understand and apply the rules of evidence, counsel failed to place the exculpatory statement into evidence.

The question presented is:

Where evidentiary legal error by a court combined with ineffective assistance of counsel led to the failure to place into trial evidence a prior denial by a child that the defendant had ever sexually assaulted her, should a so-called "strategic decision" be allowed to excuse the violation of the Sixth Amendment right to effective assistance of counsel?

Where evidentiary legal error by a court combined with ineffective assistance of counsel led to the failure to place into trial evidence a prior denial by a child that the defendant had ever sexually assaulted her, should a so-called 'strategic decision' be allowed to excuse the violation of the Sixth Amendment right to effective assistance of counsel?