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.
131321P.pdf 04/09/2014 Routy Abernathy v. Ray Hobbs
U.S. Court of Appeals Case No: 13-1321
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Bye, Author, with Wollman and Melloy, Circuit Judges]
Prisoner case - habeas. Arkansas courts' rejection of Abernathy's claim
that he was denied effective assistance of counsel when his attorney
failed to object to a defense witness's vouching for the credibility of a
complaining witness on the ground that the he had not shown prejudice was
not contrary to clearly established federal law, nor was it an
unreasonable application of federal law; Arkansas courts' decision that
defense counsel's opening argument statement that defendant would not take
the stand unless the government established its case beyond a reasonable
doubt was a tactical decision and did not prejudice Abernathy as the
courts' decision was not contrary to clearly established federal law or an
unreasonable application of federal law.