Dist. Ct. did not err in denying defendant’s habeas petition that challenged his sexual assault conviction involving his daughter, where defendant asserted that his trial counsel was ineffective for failing to interview his son and mother, whom defendant contended would have cast doubt on daughter’s assault claims. State court could properly have found that defendant was not prejudiced by his counsel’s failure to call said witnesses, where their proposed testimonies were generally consistent with daughter’s trial testimony regarding circumstances of defendant’s alleged assaults, and defendant otherwise failed to produce from said witnesses direct contradictory testimony to daughter’s assault accusations. As such, state court could properly conclude that there was not reasonable probability of different result had such witnesses testified.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel