Apodaca v. Commissioner of Correction

The petitioner, Herman Apodaca, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. The petitioner claims that the habeas court erred in concluding that he failed to prove ineffective assistance of his trial counsel because of counsel's failure to call a potential defense witness. We affirm the judgment of the habeas court.

The following facts regarding the underlying criminal conviction were set forth by our Supreme Court on direct appeal and restated by the habeas court. "In August, 2005, the [petitioner], a New York resident, met John Ortiz, a New…