United States Sixth Circuit

District court's decision to grant a conditional habeas relief on the ground that defendant's trial counsel rendered him ineffective assistance is affirmed in part and reversed in part where: 1) district court erred in granting defendant habeas relief on the ground that his trial counsel was ineffective for failing to call a witness; but 2) trial counsel's failure to adequately investigate the decision not to call the witness before trial was deficient performance to satisfy the first prong of the Strickland test and but for the counsel's ineffectiveness, there is a reasonable probability that the outcome would have been different.

Appellate Information

• Argued 03/11/2010
• Decided 04/15/2010
• Published 04/15/2010

Judges

• Before KENNEDY, MOORE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Laura G. Moody, Office of the Attorney General, Lansing, Michigan, for Appellant. Todd A. Shanker, Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF:Laura G. Moody, Office of the Attorney General, Lansing, Michigan, for Appellant. Todd A. Shanker, James R. Gerometta, Federal Defender Office, Detroit, Michigan, for Appellee.