Jardine v. Dittmann, No. 09-3929 (7th Cir. 2011)
Annotate this CasePetitioner, imprisoned in Wisconsin for a term of 60 years following a 1994 conviction for sexual assault and attempted homicide, sought a writ of habeas corpus (28 U.S.C. 2254). The district court dismissed. The Seventh Circuit affirmed. The case involved police misconduct in "doctoring" the crime scene to conceal evidence of prostitution, by withholding semen-stained sheets and towels from the massage parlor. The items were later tested and did not disclose petitioner's DNA. The court stated that the evidence was irrelevant, in that it could only be used to impeach the victim, given the other evidence and petitioner's own admissions. Rejecting a "Brady" claim concerning petitioner's gun, the court noted that nothing suggests that defense team was unaware of the gun, the state's possession of it, or the prosecution's theory of its role in the crime, or that the defense unsuccessfully requested access.
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