Simon
Simon v. Hatcher
Opinion
Lead Opinion
MEMORANDUM *
Juan Maurichal Simon appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. Simon contends that the district court erred by denying his claims of ineffective assistance of counsel and insufficient evidence of malice. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
*238 Simon has failed to rebut the presumption that counsel’s efforts were within the wide range of reasonable professional assistance. See Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Counsel presented adequate evidence relevant to Simon’s defense theory that he shot the victim in self-defense. Counsel put Simon on the stand to testify that he had bought a gun to protect himself from a third party. The defense’s ease-in-chief portrayed the victim as the aggressor. Counsel presented evidence that Simon was unable to leave the scene during the confrontation with the victim. There is no showing that more investigation by counsel would have produced helpful evidence of powder burns. Simon does not identify what other evidence counsel could have offered to support his self-defense theory. See James v. Borg, 24 F.3d 20,…