Meyers v. Gomez

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his two murder convictions on ground that his trial counsel was ineffective for failing to interview and present testimony of alibi witness. While record contained conflicting evidence as to whether trial counsel had actually interviewed said witness, record also showed that said witness had been subpoenaed and disclosed as potential witness, and that witness’s alibi testimony that defendant was elsewhere at time of shooting would have opened door to State presenting testimony regarding defendant’s contrary statements made to police that acknowledged his presence when victims were shot. As such, state court could properly find that any failure to interview witness or present witness at time of trial was matter of sound trial strategy, where record suggested that trial counsel had considered presenting said witness, but ultimately decided not to do so. Fact that trial counsel had died prior to giving testimony regarding his trial strategy did not require different result.