Roy Smith v. Richard Brown

TINDER, Circuit Judge.

Roy A. Smith appeals the district court’s denial of his habeas petition, through which he seeks to set aside his Indiana criminal conviction due to allegedly ineffective assistance of counsel. Although we agree that it appears Smith’s counsel was particularly deficient, Smith has failed to demonstrate how his lawyer’s substandard effort prejudiced his case in light of the overwhelming evidence against him. We therefore affirm the district court’s judgment.

I. Background

The incident underlying this appeal occurred on March 19, 2003, when Smith was already serving a 90-year…