Ballinger v. Preslesnik, No. 12-1357 (6th Cir. 2013)
Annotate this CaseIn sight of Nixon and Greene, Ballinger had an argument with Jones, retrieved a rifle and began shooting, then fled. Two men died of gunshot wounds. There was no physical evidence tying Ballinger to the scene; the prosecution presented testimony by Nixon and Greene. Before trial, defense attorney Jackson filed a list of potential alibi witnesses, which included Krisel. After the government objected to the notice, Jackson withdrew it. The jury convicted Ballinger. Before sentencing, Ballinger argued ineffective assistance due to Jackson’s failure to call Cunningham, claiming that Cunningham was Krisel’s married name and Jackson was aware of her possible testimony. The court denied Ballinger’s motions. Michigan courts rejected appeals. On a habeas corpus petition, the district court held an evidentiary hearing at which Jackson testified that he did not argue alibi because Ballinger admitted committing the murders. Cunningham testified that she was Krisel and was with Ballinger when the crimes were committed, that Jackson never contacted her, but that she never tried to contact authorities. The district court considered that Jackson was later disbarred on an unrelated matter and granted the petition. The Sixth Circuit reversed. The district court erred in granting an evidentiary hearing, given that a state court had issued a decision on the merits with respect to the claim. State courts did not violate clearly established federal law in rejecting Ballinger’s ineffective-assistance claim.
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