New v. United States, No. 10-2308 (8th Cir. 2011)
Annotate this CaseAfter defendant was convicted of two counts of involuntary manslaughter, defendant filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. The court held that defendant was not deprived of his Sixth Amendment right to effective assistance of counsel where defendant had not made a showing that his trial counsel's performance was deficient; where defendant could not have been prejudiced by his attorney's failure to make a meritless argument regarding a special agent's interview of defendant without an attorney present; and where there were sound reasons for counsel to omit a challenge to the sufficiency of the evidence. The court also held that the district court did not violate defendant's right to due process of law where defendant did not specify why the district court should have held evidentiary hearings on certain claims. Accordingly, the judgment of the district court was affirmed.
Court Description: Prisoner case - Habeas. For the court's opinion on New's direct appeal, see U.S. v. New, 491 F.3d 369 (8th Cir. 2007). Claims of ineffective assistance of trial and appellate counsel rejected; district court did not abuse its discretion by denying New's request for an evidentiary hearing.
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