Peterson v. Tegel, No. 12-2924 (7th Cir. 2014)
Annotate this CasePeterson’s victim, 10-year-old M., claimed that when he was seven years old he slept over at Peterson’s house and that Peterson abused him sexually. Although he regularly saw Peterson after that, M. did not report the abuse until he told two friends and his older sister one day, more than a year later, while Peterson was at the boy’s house. The children told Liethen, an off-duty police officer who was also at the house visiting M.’s sister. Liethen stated that she confronted Peterson with what she assumed were recent events. Instead of denying the allegation, Peterson said, “that wasn’t when that happened.” M.’s friends, his sister, and his mother corroborated details of the boy’s testimony. The court allowed “other acts” evidence concerning three underage girls whom Peterson had abused under similar circumstances. The jury was instructed to consider that evidence only for purposes of establishing motive, opportunity, intent, and absence of mistake. Peterson did not testify and did not call witnesses. The jury found him guilty of first degree sexual assault of a child. Because of his multiple past offenses, Peterson was sentenced to life in prison without possibility of parole. After unsuccessful attempts to obtain state post-conviction relief, the federal district court denied Peterson’s petition for habeas relief. The Seventh Circuit affirmed, the state court did not unreasonably apply the clearly established law of Strickland v. Washington, in evaluating counsel’s failure to move to suppress the statement Peterson made to Leithen.
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