Dwayne Ballinger, Jr. v. John Prelesnik
709 F.3d 558
6th Cir.2013Background
- Detroit, 2006 shooting; Ballinger armed with AK-47 and killed two men, Jones and Harris; Nixon and Greene eyewitnesses identified Ballinger as shooter; alibi witness issue centered on Michelle Krisel/Cunningham; defense counsel Jackson failed to interview Cunningham; Ballinger convicted of two counts of first-degree murder and felony firearm; district court granted habeas relief after evidentiary hearing; state court denied ineffective-assistance claim on merits; on appeal, the Sixth Circuit reverses and dismisses the writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by holding an evidentiary hearing under Pinholster. | Ballinger | State | Yes; evidentiary hearing improper under Pinholster. |
| Whether the state court’s rejection of ineffective assistance was reasonable under AEDPA and Strickland. | Ballinger | State | Yes; state court decision not unreasonable. |
| Whether trial counsel’s failure to discover Cunningham constituted prejudice. | Ballinger | Jackson acted within trial strategy | No; no reasonable prejudice shown. |
| Whether Cunningham could have altered the outcome given eyewitness testimony and credibility concerns. | Ballinger | Eyewitnesses were strong; Cunningham unlikely to affect verdict | Not enough to establish prejudice. |
Key Cases Cited
- Pinholster v. Armaugh, 131 S. Ct. 1388 (2011) (restricts federal review to the state-court record when adjudicated on merits)
- Harrington v. Richter, 131 S. Ct. 770 (2011) (presumes merits-based state court adjudication; applies §2254(d))
- Atkins v. Clarke, 642 F.3d 47 (1st Cir. 2011) (limits federal evidentiary expansion; review under §2254(d)(1))
- Winston v. Pearson, 683 F.3d 489 (4th Cir. 2012) (district court may develop record where state court did not adjudicate on merits; discussed Pinholster/Harrington limits)
- Brown v. Bobby, 656 F.3d 325 (6th Cir. 2011) (recognizes Harrington presumption of merits adjudication; clarifies Brown v. Smith lineage)
- Brown v. Smith, 551 F.3d 424 (6th Cir. 2008) (earlier view on merits adjudication; superseded by Harrington/Pinholster)