Horton v. USA

Filing 11

ORDER denying 2 Motion for Expert Witness. Signed by Judge David R. Herndon on 6/7/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER M. HORTON,
Petitioner,
v.

No. 3:17-cv-00023-DRH

UNITED STATES OF AMERICA,
Respondent.
ORDER
HERNDON, District Judge:
Before the Court is petitioner Christopher Horton’s (“Horton”) motion for
Expert Witness (Doc. 2).

Horton declares he intends to file an ineffective

assistance of counsel (“IAC”) claim based upon his defense counsel’s failure to
obtain a particular type of expert during his criminal proceeding, and that he is
financially unable to procure his choice of expert independently (Id.). However,
under no analysis under Strickland would defense counsel’s failure to call one
type of expert rather than another constitute grounds for an IAC claim.

See

Mendoza v. United States, 755 F.3d 821, 830 (7th Cir. 2014); see also Strickland
v. Washington, 466 U.S. 668 (1984). Accordingly, Horton’s motion for Expert
Witness (Doc. 2) is DENIED.
IT IS SO ORDERED.
Signed this 7th day of June, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.06.07
14:34:18 -05'00'
UNITED STATES DISTRICT JUDGE