Johnson v. Thurmer

Dist. Ct. did not err in denying defendant's habeas petition alleging that his trial counsel was ineffective in defendant's armed robbery trial for failing to object to testimony relating to uncharged robbery and for failing to timely apprise defendant of counsel's own mental problems that arose prior to trial. Record showed that defendant was apprised of counsel's mental problems before trial, and that defendant agreed to proceed with trial after counsel told him that he was able to handle defendant's case. Also, defendant failed to demonstrate that any of counsel's mental problems led to deficient performance. Additionally, counsel's failure to strike from record single reference to uncharged conduct did not support ineffective assistance of counsel claim where: (1) said failure could properly be viewed as sound tactical trial strategy to avoid emphasizing said reference; and (2) record otherwise contained ample evidence of defendant's guilt as to charged conduct.