United States First Circuit

Denial of petition for habeas relief is affirmed where although plaintiff did not procedurally default his ineffective assistance of counsel claim, the claim still fails on the merits as counsel's decision to pursue a defense of misidentification rather than an alibi defense was a reasonable, tactical decision.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• HOWARD, Circuit Judge., Before BOUDIN, FARRIS, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Emanuel Howard for petitioner.


• For Appellees:
  
• Annette C. Benedetto, Assistant Attorney General, Criminal Bureau, with whom Martha Coakley, Attorney General, was on brief, for respondents.