Oakley Bernard Engesser v. Robert Dooley

MURPHY, Circuit Judge.

Before the court is Oakley Bernard Engesser’s second federal habeas petition. Engesser was convicted of vehicular homicide and vehicular battery by a South Dakota jury and was sentenced to 25 years imprisonment. He claims that his trial counsel was ineffective for not calling two exculpatory witnesses and that previously undiscoverable evidence shows that he was not the driver of the car involved in the accident. The district court granted the petition after an evidentiary hearing, and respondent appeals. We reverse.

I

Engesser left the Full Throttle Saloon in Sturgis,…