DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.