Robert Eisemann v. Victor Herbert, Superintendent, Collins Correctional Facility

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding petitioner’s claims that his counsel was ineffective for not investigating a witness that would have exculpated him at trial were speculative absent any evidence on the record that the particular witness possessed exculpatory information
• absence of evidence showing witness would have testified helpfully precluded claim that calling witness was viable alternative’ defense strategy
• “In order to demonstrate that a conflict of interest adversely affected representation even under this Circuit’s lenient standard, [the defendant] must show that at least some plausible defense strategy was forgone as a consequence of [counsel’s] conflict of interest.”

Source: CourtListener parenthetical corpus (CC0).