United States Tenth Circuit

In a murder prosecution, a denial of petitioner's habeas petition is affirmed where: 1) the state court of appeals did not unreasonably apply Strickland in determining that defense counsel made a reasonable strategic decision to forego a witness's testimony; 2) petitioner's claim was barred on an independent state procedural ground; and 3) the cumulative error doctrine did not apply because the court did not find the existence of two or more actual errors.

Appellate Information

• Decided 05/25/2010
• Published 05/25/2010

Judges

• BRISCOE, Chief Judge., Before BRISCOE, Chief Judge, HAWKINS, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Howard Pincus, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Katherine A. Hansen, Senior Assistant Attorney General, (John W. Suthers, Attorney General, with her on the brief), Criminal Justice Section, Appellate Division, Denver, CO, for Respondents-Appellees.