Davis v. United States, 2012 U.S. App. LEXIS 5345

Davis was convicted of malicious use of fire causing injury and death under 18 U.S.C. § 844(i); sentence 360 months; direct appeal affirmed.
On habeas review under 28 U.S.C. § 2255, Davis claimed ineffective assistance of counsel at trial.
Fire occurred March 6, 2000 at 845 Cross Park Ave, Iowa City; one resident died, another burned.
Evidence was largely circumstantial aside from two inculpatory statements by each defendant.
Prosecutor used a demonstrative Exhibit K during closing that displayed the two statements; defense did not object.
Court denied the § 2255 petition and affirmed the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s failure to object to Exhibit K was prejudicial under Strickland.	Davis; failure to object undermined trial fairness.	Davis; counsel’s omission prejudiced defense.	No prejudice; verdict would be same without objection.
Whether Bruton issues are revisit-able on § 2255 and whether the prosecutor’s use of non-testifying statements tainted trial.	Davis; Bruton violation should be reconsidered.	Panel did not revisit Bruton on § 2255; claims barred unless counsel ineffectiveness shown.	Bruton claim not revisited; could pursue ineffective-assistance argument instead.

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel; prejudice required)
Sinisterra v. United States, 600 F.3d 900 (8th Cir. 2010) (prejudice requires reasonable probability of different result)
Middleton v. Roper, 455 F.3d 838 (8th Cir. 2006) (prejudice showing standard for § 2255 claims)
Bear Stops v. United States, 339 F.3d 777 (8th Cir. 2003) (relitigation limitations on § 2255 claims)
Shabazz v. United States, 657 F.2d 189 (8th Cir. 1981) (prohibition on relitigation of direct-appeal issues)
Tinajero-Ortiz v. United States, 635 F.3d 1100 (8th Cir. 2011) (prejudice can be shown even if objective reasonableness of counsel is uncertain)