DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091555P.pdf   03/04/2010  Armando Rodela-Aguilar  v.  United States
   U.S. Court of Appeals Case No:  09-1555
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Arnold and Benton, Circuit Judges]
Prisoner case - habeas. Without specific testimony from a handwriting expert at the Section 2255 hearing, it was not possible to establish Strickland prejudice based on trial counsel's failure to call a handwriting expert at trial, and the district court erred in finding counsel's performance was deficient on this issue; trial counsel's failure to call the prisoner's employer was a strategic decision based on her analysis of the benefits of any testimony he could offer and the possibility that he might disclose information concerning drug dealing at the restaurant where the prisoner had been employed; as a result, the district court's order granting the prisoner a new trial based on ineffective assistance of counsel is reversed.