Weaver v. Nicholson

Weaver was arrested for the murder of Sanders. The court disqualified Weaver’s attorney because he represented a potential state witness. Callico testified that he and Sanders sold drugs together and that on April 4, 2002, Weaver fired the fatal shots into Sanders’s car. Over Weaver's objection, Officer Pinal testified that on September 9, 2002, Pinal and another officer saw Weaver place a gun in his waistband and approached Weaver, identifying themselves as police. Weaver drew the gun and fled, eventually tossing the gun. A firearms expert testified that shots fired from the pistol Pinal recovered matched casings and bullets recovered from the Sanders scene. Callico admitted that he had an extensive criminal background and had initially stated that he did not know the shooter. Pinal acknowledged that he never had the gun or magazine tested for fingerprints and that, during the chase, he lost sight of Weaver for 30 seconds. Weaver’s counsel emphasized the time gap between Sanders’s murder and the recovery of the pistol and that Callico’s unreliable testimony was the only direct evidence. Weaver was convicted of first-degree murder. The Seventh Circuit affirmed the denial of his petition for habeas relief, rejecting arguments that the trial court denied him the right to his counsel of choice; his trial counsel was ineffective for failing to call several witnesses and properly cross‐examine Callico; the state violated his due process rights by using Callico’s coerced and perjured testimony; and the trial court violated his due process rights by admitting evidence of other crimes related to the September 2002 incident. View "Weaver v. Nicholson" on Justia Law