Habeas corpus – Effectiveness of counsel – Murder

Where a petitioner convicted of first-degree murder has requested habeas corpus relief, the petition should be denied despite the petitioner’s claims of ineffective assistance of counsel and actual innocence based on newly discovered evidence.

“This is an application for a writ of habeas corpus filed by a person in state custody, pursuant to 28 U.S.C. §2254. Petitioner Amos Don (‘Don’ or ‘Petitioner’) was convicted of first-degree murder and related charges in Massachusetts Supreme Judicial Court (‘SJC’) in 2013. After having exhausted his state court remedies, Don now seeks federal relief on grounds of ineffective assistance of counsel and actual innocence based on newly discovered evidence. …

“Shameek Garcia (‘Garcia’) and his girlfriend Erica Field (‘Field’) met Don, whom they knew as ‘Ace,’ in early August of 2009. …

“Don’s ineffective assistance of trial counsel claim subdivides into three actions that trial counsel failed to do: investigate Garcia’s capacity to respond to questions immediately after being shot …; challenge ballistics evidence that supported the Commonwealth’s case …; and pursue and introduce third-party culprit evidence. …

“… Because the Court finds no prejudice on any of the three purported errors above, Don is not entitled to relief on his cumulative error claim.”

Don v. Alves (Lawyers Weekly No. 02-162-24) (18 pages) (Kelley, J.) (Docket No. 21-CV-10468-AK) (March 26, 2024).

Click here to read the full text of the opinion.