An applicant is bound by trial counsel's calculated forensic decision not to object to evidence unless it is established that the decision manifestly led to a miscarriage of justice. The mere fact that prejudicial information about a prior trial is available on the Internet does not require discharge of the jury where the jury already knew the relevant information from evidence at trial and was directed to decide the case on the evidence before them. The distinction between a mere failure to object to evidence (received per incuriam) and a conscious tactical decision by counsel not to object is critical to whether the conviction can be challenged on appeal.
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