The following excerpt is from Snodgrass v. Angelozzi, D.C. No. 3:07-cv-06254-AC, No. 12-35220 (9th Cir. 2013):
In regard to claim (4), counsel's failure to call Snodgrass' daughter as a witness, Snodgrass argues she "could have testified that, before the incident, [the victim] was acting in an 'intimate and affectionate' manner towards him." Counsel's strategy in not calling this witness was not ineffective assistance because the proposed testimony was cumulative to the testimony of another witness who did not have the potential credibility issues that would apply to the daughter of the defendant. Babbitt v. Calderon, 151 F.3d 1170, 1174 (9th Cir. 1998).
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