Carter v. Butts

Dist. Ct. did not err in denying defendant’s habeas petition, alleging that his counsel was ineffective for failing to challenge attempted murder instruction that failed to specifically inform jury that defendant, with intent to kill, engaged in conduct which constituted substantial step toward said killing. Defendant failed to establish any prejudice in defective instruction, where: (1) victim, who had been hit on head with tire iron before losing consciousness, overheard either defendant or accomplice state “Don’t leave until she is dead;” and (2) both prosecution and defense counsel made clear during closing arguments that jury was required to find that defendant intended to kill victim in order to convict defendant of attempted murder.