Moore, Jr. v. Hardee

Petitioner was convicted of first-degree burglary and assault with a deadly weapon with intent to kill inflicting serious injury. On appeal, the state challenged the district court's grant of petitioner's petition for writ of habeas corpus under 28 U.S.C. 2254. Petitioner cross-appealed. The court reversed the district court's judgment, concluding that counsel's failure to call an expert in eyewitness identification did not constitute ineffective assistance where there was at least reasonable argument that counsel satisfied Strickland v. Washington's deferential standard. The court, however, affirmed the district court's rejection of petitioner's other claims for ineffective assistance of counsel. View "Moore, Jr. v. Hardee" on Justia Law