United States Eighth Circuit

In the government's appeal from a grant of defendant's 28 U.S.C. section 2255 motion for post-conviction relief, alleging trial counsel provided constitutionally ineffective assistance, the order is reversed where: 1) defense counsel was not asked at the section 2255 hearing many questions crucial to establish that her conduct fell outside the wide range of reasonable professional assistance; 2) defendant failed to show prejudice as a result of the allegedly ineffective assistance; and 3) as a matter of hindsight the court agreed with counsel's cost-benefit analysis of whether to call defendant's employer as a witness.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, ARNOLD and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel