Frank L. MacDougall v. Gary McCaughtry Warden, and Donald Hanaway, Attorney General for the State of Wisconsin

HARLINGTON WOOD, JR., Circuit Judge.

Frank L. MacDougall filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He bases his petition on ineffective assistance of trial counsel in violation of the Sixth Amendment. He states that his attorneys acted unreasonably by failing to present psychiatric testimony that would support his defense theory, that he was prejudiced by this failure, and therefore convicted of murder. The district court held that MacDougall could not establish that he was prejudiced by the omission of the psychiatric testimony. We agree.

I. BACKGROUND

Frank…