Lopez v. Thurmer

Dist. Ct. did not err in denying defendant's habeas petition challenging his Wisc. first-degree intentional murder conviction on ground that his trial counsel was ineffective for failing to seek jury instruction on lesser-included offense of felony murder. Counsel's decision to forego lesser-included instruction was reasonable where said instruction was inconsistent with defendant's testimony that he was innocent bystander. Moreover, state court found that, as matter of state law, defendant was not entitled to said instruction.