Jones v. Butler

Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that his trial counsel was ineffective by failing to properly impeach witness about alleged inculpatory statement defendant made regarding shooting of victim. While defense counsel attempted to impeach witness by referring to statement witness made to defense counsel and then abandoned said line of questioning after being reminded that counsel might have to withdraw from case to extent that counsel might have made himself witness on defendant’s behalf, any error by counsel in failing to have third-party present during alleged conversation for impeachment purposes was harmless, where said attempted impeachment did nothing to discredit other evidence placing defendant at scene of crime and identifying defendant as shooter. Dist. Ct. also did not err in rejecting claim that state-court improperly denied his post-conviction petition that challenged said identification evidence, since instant challenge to state-court’s interpretation of state law is not cognizable on habeas review.