Pina v. Maloney

HOWARD, Circuit Judge.

Stephen Pina was convicted of first-degree murder by a Massachusetts jury. After direct and collateral review in the state courts, he filed a petition for habeas corpus review in federal district court, claiming among other allegations that his trial counsel was ineffective because he failed to call an alibi witness. The district court denied all of the claims presented in Pina’s habeas petition, concluding in particular that habeas review of the ineffective assistance claim was barred because Pina defaulted on the claim in state court pursuant to an independent and…