Woolbright v. Crews

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Woolbright was convicted of wanton murder, receiving stolen property with intent to manufacture methamphetamine, and first degree possession of and trafficking a controlled substance. The Kentucky Supreme Court affirmed. In 2006, Woolbright filed a pro se motion to vacate. Appointed counsel did not file a supplemental memorandum but requested leave for Woolbright to file one himself. The trial court found that no evidentiary hearing was required and denied the petition. New counsel was appointed on appeal. The Kentucky Court of Appeals affirmed. Woolbright filed a pro se federal habeas corpus petition, alleging seven instances of ineffective assistance that were not adjudicated on the merits in state court, including claims not raised in the 2006 petition or appeal: trial counsel’s failure to: interview exculpatory witnesses; object to prosecutorial misconduct during sentencing; investigate the ownership of a second gun found at the scene; and make a double jeopardy objection to charges of both possession and trafficking. Additional claims concerning counsel’s failure to: prepare a defense to receiving stolen property or object to an improper jury instruction on that charge; move for a directed verdict on grounds that the jury verdict was not unanimous; and object to the jury instruction on wanton murder were raised in the 2006 petition but not raised on appeal. The district court denied the petition. The Sixth Circuit denied a motion to vacate the certificate of appealability; affirmed denial with respect to claims raised in the 2006 petition; but reversed with respect to the claims not raised. View "Woolbright v. Crews" on Justia Law