Wednesday, March 16, 2011

Fourth Circuit denies relief after granting COA

Cousins v. Green, No. 08-8374 (4th Cir. Mar. 16, 2011):

In 2009, the Fourth Circuit granted Petitioner a Certificate of Appealability "COA" regarding his claim of ineffective assistance of counsel.  On review, the Court determined that an attorney cannot be ineffective for failing to investigate the murder with which Petitioner was charged if such investigation would not have revealed the purported exculpatory eyewitness testimony now available.

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