Thomas v. Clements

Dist. Ct. erred in denying defendant’s habeas petition that challenged his murder conviction on grounds that his trial counsel was ineffective for failing to consider and consult with expert to review pathologist report that supported govt. theory that defendant had intentionally strangled victim, who was defendant’s former spouse. Defendant presented report of another forensic expert, who opined that lack of external bruises on victim’s neck was consistent with defendant’s statement that he accidentally strangled victim with his forearm during voluntary sex session. Thus, trial counsel’s performance was deficient, since reasonable counsel would have consulted expert to support defendant’s theory of case. Moreover, said supportive expert testimony, in light of lack of any signs of struggle on part of defendant or victim, would have provided medical basis upon which jury could have found reasonable doubt on instant intentional murder charge.