101289 Byrd v. Johnson 04/21/2011 In a habeas corpus proceeding based upon trial counsels' failure to renew a motion to strike the evidence at the conclusion of all the evidence, and failure at sentencing to obtain a ruling on a motion to set aside the verdict, petitioner suffered no prejudice under the standards set in Strickland v. Washington, 466 U.S. 668 (1984), because the jury in the criminal trial was entitled to reject his version of events and the Commonwealth's evidence, considered in the light of the instructions given by the court, fully supports the verdict. If counsel had performed without any professional errors and the petitioner's direct appeal had been available for review in the appellate courts free of any procedural bar, there is no reasonable probability that a different result would have been reached. The judgment of the circuit court is affirmed.
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