Writ of Habeas Corpus – Ineffective Assistance of Counsel

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Criminal

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and TINDER and HAMILTON, Circuit Judges.

Writ of Habeas Corpus – Ineffective Assistance of Counsel

14-1898 Wayne Kubsch v. Ron Neal, Superintended, Indiana State Prison

Trial counsel for appellant failure to get ex part witness interview statement admitted did not rise to the level of ineffective assistance of counsel. Appellants numerous claims rejected.

“We reject all three claims. Kubsch argues for a constitutional right to defend himself with otherwise inadmissible hearsay, at least if the hearsay seems sufficiently reliable and is sufficiently important to his defense. See Chambers v. Mississippi, 410 U.S. 284, 300–02 (1973). Kubsch’s evidence is not sufficiently reliable to fit that narrow constitutional exception and to have required Indiana courts to disregard long established rules against using ex parte witness interviews as substantive evidence at trial. His able trial counsel tried hard to have the statement admitted; they were not successful but also were not constitutionally ineffective.”

Affirmed.

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