finding that counsel’s decision not to conduct further interviews with a potential witness was reasonable and that the movant was not prejudiced
How later courts described this case
- finding that counsel’s decision not to conduct further interviews with a potential witness was reasonable and that the movant was not prejudiced
- noting that defendant's burden to overcome the presumption of effectiveness is heavy
- noting that a movant’s burden to overcome the presumption of effectiveness is heavy
- “The selection of witnesses and the introduction of evidence are questions of trial strategy and the mere choice of trial strategy is not a foundation for finding ineffective assistance of counsel.”
Written by the judges who cited it.
The opinion
BLACKMAR, Judge,
concurring.
For me the next to the last paragraph of Chief Justice Billings’ opinion should be emphasized. In numerous recent cases 27.-26 movants have complained about trial counsel’s failure to interview witnesses. As a minimum and before there is need to consider questions of trial strategy the movant must show in some manner that the suggested witness would have been able to provide helpful testimony. This record does not show anything by testimony or affidavit about what the prospective witness would say.
I agree that the judgment must be affirmed.