Counsel Ineffective For Failing to Call Self-Defense Witness

U.S. v. Holder, 2007 WL 2753055 (9/19/07)(unpub'd) - The 10th affirms habeas grant for ineffective assistance of counsel. Counsel acted unreasonably in failing to call witness who supported the defendant's self-defense version that the victim drew a gun on him. Counsel did not adequately investigate or legally research their reason for not calling the witness---that the witness might be crossed about the defendant's involvement in growing marijuana. Counsel would have discovered such cross would have been irrelevant and inadmissible. Troublingly, the 10th says it can deny relief if it can make up a good reason for not calling the witness, even if counsel didn't consider such a rationale. But, the reasons suggested by the government were not reasonable in light of the tremendous value of the witness's testimony. That value rendered counsel's conduct prejudicial. Judge Hartz dissented on the ground that he could think of reasons why counsel would not want to present the witness.