Shannon v. Hepp

Dist. Ct. did not err in denying defendant’s habeas petition, alleging that his trial counsel was ineffective in his representation of defendant in defendant’s first-degree murder and related firearms’ charge trial, where, according to defendant, his trial counsel: (1) failed to adequately investigate defendant’s claim of self-defense; (2) inappropriately advised him not to testify in support of his self-defense claim; and (3) neglected to prepare defendant to testify at trial. Record showed that trial counsel made adequate investigation of defendant’s self-defense claim, where trial counsel inquired about said claim from others, including defendant’s mother and learned about prior violent history between victim and defendant’s brother. Moreover, trial counsel made reasonable strategic decision to recommend that defendant not take witness stand, where: (1) portion of defendant’s proposed testimony actually cut against his self-defense claim; and (2) trial counsel could establish defendant’s self-defense claim through testimony of others. Also, trial court made probing inquiry of defendant regarding his decision not to testify to ensure that defendant concurred in decision not to testify. Too, record indicated that defendant had information he needed to make intelligent decision not to testify, such that trial counsel could not be faulted for failing to prepare defendant to take witness stand.