Ford v. Wilson

Dist. Ct. did not err in dismissing defendant’s habeas petition challenging his murder conviction on grounds that his trial counsel was ineffective for failing to object to prosecutor’s comment on defendant’s failure to testify at trial. While state court erred in analyzing defendant’s claim as due process violation, as opposed to 5th Amendment privilege claim, any error was harmless, where at least three witnesses placed defendant with gun at scene of crime, and where defendant’s cellmate testified that defendant had confessed to shooting victim.