Bailey v. Lemke

Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that his trial counsel was ineffective for failing to file discovery motion prior to trial and for failing to know until after witness’ testimony that witness had failed to tell grand jury that defendant was at murder scene. While trial counsel’s failure to file discovery motion fell below prevailing professional norms, defendant failed to establish reasonable probability that result of his trial would have been different but for counsel’s error where: (1) trial counsel entered into stipulation that witness did not tell grand jury that defendant was present at scene of crime or had urged another to shoot victim; (2) witness’ omitted grand jury testimony had no more probative value than stipulation that was presented at trial; and (3) other testimony had implicated defendant in murder.