In a murder prosecution, the grant of Petitioner's habeas petition is reversed, where the state supreme court properly held that, in order to reverse Petitioner's conviction based on ineffective assistance of counsel, they must be convinced that, but for counsel's deficiencies, there was a reasonable probability of a different outcome.
Filed June 26, 2009
Opinion by Judge Briscoe
Stephen N. Six, Kansas Attorney General, Topeka, KS
Alice Craig White, Paul E. Wilson Defender Project, University of Kansas School of Law, Lawrence, KS
Elizabeth Seale Cateforis, Paul E. Wilson Defender Project, University of Kansas School of Law, Lawrence, KS