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Cregg L. Matthews v. Jimmie M. Jones
Citations: 56 F.3d 69; 1995 U.S. App. LEXIS 25146; 1995 WL 329594Docket: 94-3287
Court: Court of Appeals for the Eighth Circuit; June 5, 1995; Federal Appellate Court
Cregg L. Matthews, a Missouri inmate, appeals the dismissal of his habeas corpus petition under 28 U.S.C. Sec. 2254, which challenged his conviction for possession and sale of cocaine. Matthews claims ineffective assistance of counsel, arguing that his attorney failed to object to testimony regarding the substance's identification as cocaine, and that the trial court erred by not controlling the prosecution's closing argument, which urged the jury to "send a message" regarding drug offenses. The Eighth Circuit reviewed the case de novo and affirmed the district court's dismissal based on the magistrate judge's recommendation. The court found that Matthews's counsel made a strategic decision to stipulate that the substance was cocaine to avoid presenting more damaging evidence, which is a reasonable trial strategy that does not constitute ineffective assistance. Regarding the closing argument, the evidence against Matthews was deemed strong, including testimony from an informant and physical evidence linking him to the crime. The court concluded that the prosecutor's comments did not rise to the level of plain error, as they did not undermine the trial's fairness or reliability, given the substantial evidence of guilt. The decision to affirm the dismissal was made after considering the weight of the evidence and the nature of the alleged prosecutorial misconduct.