Evicci v. Maloney

DYK, Circuit Judge.

This is a federal habeas case in which the petitioner claims ineffective assistance of counsel. The petitioner was convicted of aggravated rape in the Massachusetts state courts. He claims that his counsel was ineffective because counsel failed to raise a defense that the petitioner was likely innocent because the victim had chlamydia, while the petitioner did not contract it after the alleged rape. We conclude that petitioner has not met his burden of showing a reasonable probability that the jury would have acquitted on the rape charge if the evidence had been presented,…