United States v. Higgs, No. 10-0007 (4th Cir. 2011)
Annotate this CasePetitioner was convicted of three counts each of first degree premeditated murder, first degree murder committed in the perpetration or attempted perpetration of a kidnapping, and kidnapping resulting in death. The court granted a certificate of appealability to consider petitioner's claim that his constitutional rights to due process of law and effective assistance of counsel were violated by the introduction of Comparative Bullet Lead Analysis (CBLA). The court held that there was no reasonable probability that the district court would have excluded the CBLA testimony at petitioner's trial had it been challenged, or that the outcome of the guilt or sentencing phase would have been different had the CBLA evidence been excluded or subject to additional cross-examination. The court also held that petitioner failed to demonstrate that defense counsel was constitutionally ineffective for failing to file a motion for a new trial based upon the post-trial studies. Accordingly, the court affirmed the district court's order denying petitioner's motion under 28 U.S.C. 2255.
Court Description: Published opinion after argument: Affirmed
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