Newmiller v. Raemisch

Petitioner Todd Newmiller and several of his friends went to a Colorado Springs strip club to celebrate Newmiller’s birthday. After leaving the club, they had a fight with another group of men, during which Newmiller fatally stabbed Anthony Madril in the heart. Newmiller was charged, convicted of second-degree murder, and sentenced to thirty-one years’ imprisonment. The Colorado Court of Appeals (CCA) affirmed his conviction and sentence. The Colorado Supreme Court denied certiorari review. Newmiller later challenged the constitutionality of his conviction under Colorado Rule of Criminal Procedure 35(c). After an evidentiary hearing, the state post-conviction court denied relief. The CCA affirmed the denial. And the Colorado Supreme Court again denied certiorari review. Newmiller next sought habeas relief at the federal district court, arguing his trial counsel were ineffective in violation of the Sixth Amendment because they failed to investigate, challenge, and rebut the prosecution’s expert medical testimony. The district court ruled trial counsel’s performance was deficient and the CCA’s conclusion to the contrary was an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984). But the district court denied relief because Newmiller failed to show counsel’s performance was prejudicial. Newmiller appealed, but finding no reversible error, the Tenth Circuit affirmed habeas relief. View "Newmiller v. Raemisch" on Justia Law