133486P.pdf   07/08/2015  Clifton Gabaree, Jr.  v.  Troy Steele
   U.S. Court of Appeals Case No:  13-3486
                          and No:  13-3568
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, with Bye and Shepherd, Circuit Judges] 
   Prisoner case - Habeas. In the context of the case, the state court's 
   application of Strickland was unreasonable as defense counsel's failure to 
   object to expert testimony that the victims were truthful in speaking with 
   a different doctor fell below professional norms and, with a proper 
   objection, would have been rules inadmissible; likewise, counsel's failure 
   to object to another doctor's testimony was unreasonable as the testimony 
   was improper propensity evidence and would have been inadmissible, had a 
   proper objection been made; there was no reasonable strategic reason for 
   not objecting to the testimony from these witnesses and the admission of 
   their testimony prejudiced Gabaree as the evidence against him was weak 
   and the credibility of the minor victims was a critical issue in the case; 
   as a result, the district court did not err in finding trial counsel had 
   rendered ineffective assistance with respect to Gabaree's charges of 
   sodomy and child molestation; the court did not err in rejecting the claim 
   of ineffective assistance based on these same arguments with respect to 
   defendant's convictions for child abuse as the case was much stronger on 
   this charge, even without the objected-to testimony, and it is unlikely 
   that counsel's performance affected the verdict on these counts. Judge 
   Shepherd, dissenting from the court's decision with respect to the charges 
   of sodomy and child molestation.