Robert Rabe v. Rick Thaler, Director

WIENER, Circuit Judge:

Petitioner-Appellant Robert Mien Rabe was convicted in state court of aggravated robbery with a deadly weapon. He filed a state post-conviction petition based on the alleged ineffective assistance of his court-appointed trial counsel, which was denied. He then filed a federal habeas application and expanded the record to include new evidence. The district court held an evidentiary hearing at which new witnesses testified, then denied habeas relief. On appeal, our review is limited to whether Rabe’s trial counsel was ineffective for failing to subpoena or secure the…