United States Tenth Circuit

Denial of habeas relief from a conviction and 424-month sentence for aggravated criminal sodomy and sexual battery is affirmed where: 1) petitioner was not entitled to an evidentiary hearing on his claim of ineffective assistance of trial counsel; 2) his trial counsel was not constitutionally ineffective for failing to interview or call to the stand certain witnesses; and 3) his appellate counsel was not ineffective for failing to challenge the sufficiency of the evidence on direct appeal.

Appellate Information

• Decided 10/16/2008
• Published 10/17/2008

Judges

• TYMKOVICH, Circuit Judge., Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Madeline S. Cohen, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the brief), Federal Public Defender's Office, Denver, CO, for Petitioner-Appellant.   Mark T. Boyle filed a supplemental brief pro se.


• For Appellees:
  
• Jared S. Maag, Deputy Solicitor General, Kansas Attorney General's Office, Topeka, KS, for Respondents-Appellees.