Habeas Corpus — due process

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U.S. Court of Appeals for the 7th Circuit

Criminal

Habeas Corpus — due process

Although a witness’ testimony was incorrect, its admission did not violate due process.

“The estimate Dr. Parks gave at Clark’s trial was clearly wrong since it would have placed Muckenstrum’s time of death several hours after Muckenstrum’s body was recovered. (The autopsy was performed at about noon the day after the body was found and eighteen hours earlier would have made the time of death about 6:00 p.m., but the body was found around 3:00 p.m.) Thus, that testimony would not help Ashburn establish an alibi and it did not “bear a direct relationship to the defendant’s guilt or innocence.” Id. In fact, Ashburn did not attempt to establish an alibi for any time frame between the last sighting of Muckenstrum and the recovery of his body. Further, as already discussed, the evidence against Ashburn was overwhelming (which explains why Ashburn didn’t present an alibi, because his alibi was Clark, his accomplice.) Ashburn cannot succeed on a due process claim based on the purported use of perjured testimony.”

Affirmed.

12-3365 Ashburn v. Korte

Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Manion, J.