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Court Upholds Denial of IA Claim: No Evidentiary Hearing was Necessary and Petitioner Failed to Show Prejudice

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In Palmer v. Hendricks, No. 06-2991 (3rd Cir. Jan. 26, 2010), the Third Circuit affirms the district court?s denial of habeas relief on Palmer?s claim that his trial counsel was ineffective for failing to advise him of his right to testify. Petitioner failed to show prejudice resulting from counsel?s failure to advise him of his right to testify, where petitioner?s factual proffer regarding this ineffectiveness claim did not include a proffer of his testimony, had he received proper advice and chosen to testify.The Circuit also affirmed the District Court?s denial of an evidentiary hearing on this claim. Palmer raised this claim in state post-conviction proceedings, and the state court held that, based on the record, Palmer had been informed sufficiently during trial of his right to testify...continue to full post

Full post as published by Third Circuit Blog on February 01, 2010 (boomark / email).