KIMSEY

v.

CELESTE, GOVERNOR OF OHIO, ET AL.

Citator

Cited By

• United States v. Osterbrock, 891 F.2d 1216 (6th Cir. 1989)
  …standard of reasonableness, but that there is a ‘reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’ ”)(quoting Strickland, 466 U.S. at 694, 104 S.Ct. at 2068), cert. denied, 476 U.S. 1107, 106 S.Ct. 1955, 90 L.Ed.2d 363 (1986); Beasley v. United States, 491 F. 2d 687 (6th Cir.1974). “The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process…
• Yarrington v. Davies, 992 F.2d 1077 (10th Cir. 1993)
  …Counsel’s actions are usually based on strategic choices. Strickland, 466 U.S. at 691,104 S.Ct. at 2066. Mere failure to object to evidence does not render an attorney ineffective. Watson v. Marshall, 784 F. 2d 722, 726 (6th Cir.1985), cert. denied, 476 U.S. 1107, 106 S.Ct. 1955, 90 L.Ed.2d 363 (1986). In this case, petitioner’s attorney, on at least one occasion, did move to strike hearsay. See, e.g., Appellant’s App. at 299-300. Thus, petitioner has not overcome the presumption that counsel’s failure to ob…