Armstrong v. Kemna, No. 09-2495

In a murder prosecution, a grant of petitioner's habeas petition is reversed where: 1) there was insufficient evidence to show that certain state witnesses had a motive to fabricate petitioner's guilt; and 2) the district court did not give proper weight to the credibility of the uncalled witnesses, the interplay between the uncalled witnesses and the actual defense witnesses called, and the strength of the evidence presented by the prosecution in determining the prejudice caused by defense counsel's allegedly ineffective performance.

Read Armstrong v. Kemna, No. 09-2495

Appellate Information

Submitted: September 22, 2009

Filed: January 5, 2010

Judges

Opinion by Judge Riley