Bolton v. Pierce, No. 10-3150 (7th Cir. 2013)
Annotate this CaseBolton was convicted of first degree murder for a 1994 shooting. On appeal, Bolton argued insufficient evidence; ineffective assistance of counsel for failing to join a stipulation between the state and a co‐defendant concerning an exculpatory pre‐trial statement; and that his 50-year sentence was excessive. The Illinois appellate court affirmed. Bolton did not appeal, but filed a state post‐conviction petition, claiming that the state fraudulently withheld photographs of the lineup and that trial counsel was ineffective for failing to move for a mistrial on that basis. The court rejected Bolton’s Brady claim because there was no reasonable probability that the photographs would have altered the outcome of the trial, characterizing the evidence against Bolton as “overwhelming,” and rejected Bolton’s Strickland challenge as waived because it was not raised on direct appeal. After unsuccessful appeals, Bolton filed a federal habeas corpus petition, claiming newly discovered evidence in support of his constitutional claims; prosecutorial misconduct in withholding photographic evidence of the lineup that was favorable to the defense; and that counsel was ineffective in failing to move for a mistrial. The Seventh Circuit affirmed denial of the petition, finding that Bolton did not preserve the claim that he was denied due process because the lineup was suggestive.
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