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171218P.pdf 02/21/2018 Derrick Booth v. Wendy Kelley
U.S. Court of Appeals Case No: 17-1218
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy,
Circuit Judge]
Prisoner case - Habeas. Counsel's failure to object to a fire
investigator's testimony that he had identified Booth as an arson suspect
in his investigation of a home fire was not ineffective assistance of
counsel as Arkansas's Rules of Evidence allow expert testimony on a fire's
origin and possible causes; the fire investigator did not testify that
defendant caused the fire, only that he developed Booth as a suspect based
on his investigation; such testimony was not unfounded speculation and did
not invade the province of the jury; as a result, counsel's failure to
challenge the testimony was not ineffective assistance; in any event,
Booth could not establish, in light of the evidence in the case, that he
was prejudiced by counsel's failure to object.