United States Sixth Circuit
Hodgson v. Warren, 09-1488
District court's determination that defendant, convicted of attempted murder, received ineffective assistance of counsel and that the state court's arbitrary conclusion "involved an unreasonable application of...clearly established Federal, as determined by the Supreme Court," is affirmed where: 1) the Court of Appeals' conclusion that defendant did not demonstrate deficient performance was unreasonable within the meaning of the habeas statute, as defendant's counsel knew that a witness would have testified that she was within a few feet of defendant during the shooting, that she could see his hands, and that she could confirm that he was not holding a gun; and 2) it was unreasonable for the Court of Appeals to conclude that defendant had not shown a reasonable probability that the result of the proceeding would have been different.
Appellate Information
- Argued 04/28/2010
- Decided 09/29/2010
- Published 09/29/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Brad H. Beaver, Phillip D. Comorski