Corral v. Foster

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his attempted homicide conviction on ground that his trial counsel was ineffective for failing to produce evidence of defendant’s and third-party’s likeness, where defendant alleged that third-party was actual shooter, and where defendant argued that he was misidentified as actual shooter, since he and third-party looked alike. Defendant’s counsel testified that he did not present evidence of third-party’s appearance, because he did not think that third-party looked like defendant based upon his observation of third-party’s interrogation video, and state appellate court found that trial counsel was not deficient, where decision not to present evidence of third-party’s likeness was reasonable trial strategy. Fact that counsel agreed that third-party’s likeness in booking photo was similar to defendant’s booking photo did not require different result, where defendant did not present any basis to question reasonableness of counsel’s assessment of video of third-party interrogation. Also, it was reasonable for trial counsel not to seek other images of third-party, where counsel had already determined that third-party did not look like defendant based on third-party interrogation video.