United States Sixth Circuit
Avery v. Prelesnik, 072522
In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. Washington standard was unreasonable.
Appellate Information
- Decided 11/25/2008
- Published 11/25/2008
Judges
Court
- United States Sixth Circuit