Waiters v. Lee, No. 15-3487 (2d Cir. 2017)Annotate this Case
Petitioner, convicted of murder and related-offenses, sought review of the district court's denial of habeas relief, arguing that trial counsel was ineffective for failing to call a medical expert both to interpret the portion of his medical records documenting his blood alcohol level and to expound upon the effects of that level of intoxication. The Second Circuit vacated and remanded, holding that the state trial court's determination that petitioner failed to establish prejudice was not unreasonable; it was not so lacking in justification as to be beyond any possibility for fairminded disagreement; and thus the district court erred in second-guess that determination and substituting its own judgment.