Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction even though his trial counsel was ineffective for failing to obtain independent expert to counter state’s expert whose supplemental opinion tendered to defendant on day of trial called into question defendant’s version of incident. While independent expert could have refuted opinion of state’s expert, defendant failed to establish prejudice prong of Strickland where: (1) defense expert could not have established identity of shooter; (2) state court found that defendant’s version of incident was incredible and illogical; and (3) other evidence introduced at trial, including independent confession by defendant to fellow inmate, overwhelmingly implicated defendant as culprit.