Broderick A. Moore v. United States of America

Summary

The United States District Court for the Eastern District of Wisconsin denied Broderick A. Moore’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. The court rejected his ineffective-assistance-of-counsel claims concerning witness investigation, surveillance video, identification procedures, alleged prior-bad-act evidence, and the sufficiency of the evidence. The court declined to issue a certificate of appealability and dismissed the case.

Holdings

1. Counsel was not ineffective because the photo array was not tainted, the victim had an independent basis for identification, and any motion to suppress would have been meritless.
2. Counsel was not ineffective because the video no longer existed by the time counsel was appointed, and there was no evidence the video would have captured the crime or been exculpatory.
3. Counsel was not ineffective because the petitioner failed to show what the uncalled witnesses would have said, and for those he did identify, their testimony would have been harmful, cumulative, or inadmissible.
4. Counsel was not ineffective because the witness did not testify about any prior crimes or bad acts of the petitioner; thus, there was no basis to object.
5. Counsel was not ineffective because the evidence was sufficient to convict, counsel conducted a vigorous cross-examination, and the petitioner's timeline argument was speculative and unsupported.

Questions Presented

1. Whether trial counsel was ineffective for failing to move to suppress the victim's in-court identification as tainted by an impermissible photo array.
2. Whether trial counsel was ineffective for failing to preserve or obtain surveillance video from a nearby building.
3. Whether trial counsel was ineffective for failing to investigate and call certain witnesses.
4. Whether trial counsel was ineffective for failing to object to other acts evidence under Rule 404(b).
5. Whether trial counsel was ineffective for failing to effectively challenge the sufficiency of the evidence, particularly the timeline of events.

Disposition

dismissed