Ashly Smith v. Thomas Winn

KETHLEDGE, Circuit Judge.

Ashly Smith was convicted in Michigan state court of robbery at gunpoint. He later sought habeas relief in federal court, arguing that his trial counsel was ineffective because she declined to call alibi witnesses who could not provide him with a consistent alibi. The district court denied relief. We affirm.

The state courts have decided Smith’s claims on the merits, so we take the facts as the state courts found them. See 28 U.S.C. § 2254(e)(1); see also Cullen v. Pinholster, 563 U.S. 170, 181-82, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011). At around 7:30 p.m. one night,…