Demetrius Foster v. Hugh Wolfenbarger
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
COLE, Circuit Judge.
Demetrius Foster was convicted of second-degree murder in connection with the shooting death of Bobby Morris. After trial, the Michigan trial court conducted a Ginther hearing and concluded that Foster’s trial counsel was ineffective for failing to raise an alibi defense, stemming primarily from the testimony of a witness who said that Foster was with him at the time of the killing. The Michigan Court of Appeals, however, concluded that the failure to raise the alibi defense was an exercise of sound trial strategy by Foster’s trial counsel. On habeas review, the…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
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- Harrington v. RichterSupreme Court of the United States · 2011
- Cullen v. PinholsterSupreme Court of the United States · 2011
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
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