(Download) "Thomas v. Varner" by In the United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Thomas v. Varner
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 04, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Following a jury trial, Clayton Thomas was convicted of the shooting death of Harry James, the owner of a speakeasy in Philadelphia. He was also convicted of crimes related to the wounding of Peter Fuller, a patron of the speakeasy. Thomas alleges that his identification by Fuller was tainted by an unconstitutionally suggestive photo array and that his trial counsel was ineffective for failing to move to suppress or otherwise object to Fullers identification at trial. After finding defense counsels performance deficient, the District Court issued a writ of habeas corpus directing the Commonwealth to retry or release Thomas. Because we agree with the District Court that counsels error in failing to move to suppress or object to the identification at trial fatally undermined the reliability of the verdict, we will affirm.