Judge Joseph Bianco
Guerra sought a writ of habeas corpus challenging his conviction in state court. Following jury trial, Guerra was convicted of assault, menacing, and criminal possession of a weapon in the third degree. As a second time violent felony offender, he was sentenced to six years in prison and five years’ supervision for assault. He was also sentenced to an indeterminate term of two to four years for criminal possession of a weapon in the third degree, and a definite sentence of one year for menacing. Guerra argued he was denied effective assistance of trial counsel because the contingency fee created a conflict of interest that adversely affected the way his lawyer handled the case. He also argued he was denied his right to a fair trial because the trial court judge’s final instruction to the jury isolated the two holdout jurors. District court held that Guerra failed to show any basis for habeas relief, finding that the contingency fee agreement did not adversely affect his lawyer’s performance and adding that Guerra could not demonstrate that a plausible alternative defense strategy could have been pursued. The court also held that Guerra failed to show that the jury instruction so infected the trial that he suffered a due process violation.
