Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder and arson convictions arising out of allegations that he stabbed former girlfriend and then later returned to victim’s home and set her house on fire in effort to cover-up murder. While defendant argued that he was entitled to hearing based on new expert witness testimony indicating that fire burns and estimated temperature of fire in victim’s home precluded defendant from being at said home at time when fire was started, Dist. Ct. could properly deny request for hearing on issue, where: (1) expert’s scientific opinion would not have excluded defendant as individual setting fire in view of other established facts in case; and (2) record showed that defendant had secreted himself during likely time of victim’s death. Ct. further rejected defendant’s claim that his trial counsel was ineffective for hiring different expert witness, where said witness was well-regarded fire expert who offered defensible though not definitive estimation of fire’s duration that supported defendant’s argument in case. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Habeas Corpus