Gochicoa v. Johnson

JERRY E. SMITH, Circuit Judge:

Gary Johnson, on behalf of the State of Texas (“the state”), appeals the grant of a writ of habeas corpus under 28 U.S.C. § 2254, and the petitioner, Pedro Gochicoa (“Gochicoa”) cross-appeals the district *280court’s refusal to find prejudice from ineffective assistance of counsel. We affirm in part, reverse in part, and render judgment in favor of the state.

I

The district court originally granted ha-beas relief to Gochicoa based on violations of the Confrontation Clause via hearsay testimony and related argument. See Gochicoa v. Johnson (“Gochicoa I”), 972 F.Supp.…