Demetrius Foster v. Hugh Wolfenbarger, 2012 U.S. App. LEXIS 14885

Foster was convicted of second-degree murder for the shooting death of Bobby Morris in Detroit.
A Ginther hearing found Foster’s trial counsel deficient for not raising an alibi defense based on a witness (Daniels) who claimed Foster was with him from 2:15 to 6 a.m.
The Michigan Court of Appeals reversed the Ginther decision, deeming the failure to raise alibi a sound trial strategy and not ineffective assistance.
On federal habeas review, the district court held counsel deficient but found no prejudice to Foster’s case.
The state appellate and supreme courts’ decisions are reviewed under AEDPA standards; the court must assess deficiency and prejudice de novo and with respect to state-court factual findings.
The district court granted a conditional writ but the Sixth Circuit ultimately holds that prejudice exists, requiring a retrial or release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel's failure to raise alibi was deficient	Foster	Michigan	Deficiency established
Whether the deficiency prejudiced Foster	Foster	Michigan	Prejudice established; relief granted

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)
Matthews v. Parker, 651 F.3d 489 (6th Cir. 2011) (Strickland prejudice standard; deference to state findings)
Towns v. Smith, 395 F.3d 251 (6th Cir. 2005) (duty to investigate; witnesses)
Kimmelman v. Morrison, 477 U.S. 365 (U.S. 1986) (ineffective assistance and investigation duties)
Wiggins v. Smith, 539 U.S. 510 (U.S. 2003) (prejudice arising from inadequate investigation)
Campbell v. Coyle, 260 F.3d 531 (6th Cir. 2001) (prejudice assessment under Strickland)
Massaro v. United States, 538 U.S. 500 (U.S. 2003) (deferring to trial court findings on counsel's effectiveness)
Harrington v. Richter, 131 S. Ct. 770 (S. Ct. 2011) (application of AEDPA standards to Strickland claims)
Murphy v. Ohio, 551 F.3d 485 (6th Cir. 2009) (AEDPA review framework for state-court decisions)