Garcia

MEMORANDUM ***

1. The state trial judge did not violate Williams’ Sixth Amendment right to *327 present a defense, or his Fourteenth Amendment due process right to a fair and impartial trial, when the trial judge intervened in the testimony of an exculpatory witness to advise the witness of her privilege against self-incrimination. Trial judges have discretion to warn a witness about the possibility of self-incrimination. United States v. Santiago-Becerril, 130 F.3d 11, 26 (1st Cir.1997); United States v. Arthur, 949 F.2d 211, 215 (6th Cir.1991); United States v. Silverstein, 732 F.2d 1338, 1344 (7th Cir.1984). A trial judge abuses his discretion when the judge actively encourages a witness not to testify or badgers a witness into remaining silent. Arthur 949 F.2d at 215-216 . The trial judge’s action here was not an abuse of discretion.

2. None of the issues raised by Williams establishes that his attorney’s representation violated the standard of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Specifically, we find that Williams failed to show counsel was constitutionally ineffective for failing to: (1) have the off-the-record conference with…