United States Fourth Circuit

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Merzbacher v. Shearin, 10-7118

Habeas relief granted by the district court from a state court judgment of conviction for child rape and related crimes is reversed, where: 1) even if defendant did demonstrate that the state court was unreasonable in finding he did not receive deficient performance under Strickland, he did not demonstrate that the state court was unreasonable in finding it unlikely that Strickland prejudice resulted from this deficient performance; and 2) defendant's petition for habeas relief also fails to meet the requirements of section 22 USC 2254(e)(1).

Appellate Information

  • Decided 01/25/2013
  • Published 01/25/2013

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel