Mosley v. Atchison

Dist. Ct. did not err in finding that defendant stated viable claim in his habeas petition that his trial counsel was ineffective in defendant’s murder trial by failing to either interview and/or call as witness two individuals, who asserted that defendant was not at scene of crime at time key witness for govt. stated that she overheard defendant tell others to burn down victim’s apartment building. However, Dist. Ct. erred in granting defendant’s habeas petition without making determination as to whether facts contained in affidavits of defendant’s proposed witness were actually true and/or whether there was other evidence relevant to trial counsel's decision not to call said witnesses. On remand, Dist. Ct. may make required findings based on evidentiary hearing held on defendant’s habeas petition and/or may hold new evidentiary hearing to determine whether trial counsel was ineffective.