Booth v. Kelley

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The Eighth Circuit affirmed the district court's denial of habeas relief to defendant with respect to his Arkansas arson conviction. The court found that trial counsel's choice not to challenge a fire investigator's testimony regarding whether defendant was a suspect in a home fire investigation did not render counsel's performance deficient. In this case, the fire marshal did not testify that defendant caused the fire, but rather that he developed defendant as a suspect based on his investigation. The court explained that the testimony was not unfounded speculation nor did it improperly usurp the providence of the jury. Furthermore, even if counsel's performance were deficient, defendant failed to establish prejudice. View "Booth v. Kelley" on Justia Law