Hodgson v. Warren

OPINION

KETHLEDGE, Circuit Judge.

The jury that convicted Richard Hodgson of attempted murder never heard the testimony of an eyewitness, Virginia Smith, who would have stated that, as she stood a few feet away from Hodgson during the shooting for which he was charged, she could see his hands and could confirm that he did not draw a gun. The State has conceded in this court, moreover, that Hodgson’s trial counsel knew that Smith would testify to that effect if called. We therefore agree with the district court that Hodgson received ineffective assistance of counsel, and that the state court’s…