Leonard Lloyd v. Vincent Adams

MEMORANDUM

Petitioner Leonard Lloyd appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. The facts of this case are known to the parties, and we do not repeat them here. We have jurisdiction under 28 U.S.C. § 1291 .

Lloyd argues that the state court unreasonably applied clearly established federal law and unreasonably determined the facts when it held that Lloyd had not demonstrated prejudice “sufficient to undermine confidence in the outcome” from his lawyer’s failure to call Charde Ray as a witness. See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Lloyd’s argument fails.

Ray’s testimony concerning the shooter’s height would have been cumulative. Although it is true that Ray stated that she believed the shooter to be shorter than 6’4”, no fewer than three witnesses testified similarly. At most, Ray merely repeated Tammy Favazza’s description of the shooter’s height and her uncertainty that such a description was correct. As such, Ray’s testimony “would have offered [only] an insignificant benefit, if any at all.” Wong v. Belmontes, 558 U.S. 15, 23 , 130 S.Ct. 383 , 175 L.Ed.2d 328 (2009). Moreover, Ray’s…