Del Prete v. Thompson
10 F. Supp. 3d 907
N.D. Ill.2014Background
- Del Prete was convicted in Illinois in 2005 of first-degree murder for the death of 3-month-old I.Z. in December 2002 and November 2003 death;
- She filed a habeas petition under 28 U.S.C. §2254 asserting insufficient trial evidence and ineffective assistance of trial counsel;
- She conceded procedural default on part of her ineffective-assistance claim but argued actual innocence excused the default;
- The court ordered an evidentiary hearing on actual innocence and held hearings in 2012–2013;
- New evidence at reopened hearings questioned the prosecution’s causation theories and suggested prior injuries and delays in onset (lucid interval);
- The court found by a preponderance that no reasonable jury would convict based on all evidence, and thus proceeded to address the defaulted ineffective-assistance claim on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Gateway to review defaulted IAC claim | Del Prete argues new evidence shows innocence | State argues default bars review | Merits reviewed; evidence supports innocence gateway |
| Does new evidence create actual innocence | Del Prete shows innocence by preponderance | State contends evidence insufficient for innocence | Yes; new evidence meets Schlup standard and no reasonable juror would convict |
| Impact of new medical testimony on causation | Del Prete’s experts rebut SBS causation | Respondent’s experts support SBS | New evidence undermines SBS causation typically relied on at trial |
| Witness bias challenges resolved | Del Prete’s experts biased to help defense | Bias arguments unpersuasive | Court rejects bias as dispositive; credibility assessed on testimony |
| Proceedings on merits of IAC claim | If innocence gateway successful, merits must be considered | Default defense remains | Court will address the IAC claim on the merits in light of innocence finding |
Key Cases Cited
- Schlup v. Delo, 513 U.S. 298 (1995) (standard for gateway to new-trial review: actual innocence must show probability of no reasonable juror would convict)
- House v. Bell, 547 U.S. 518 (2006) (Schlup gateway applied; high bar for extraordinary relief)
- McQuiggin v. Perkins, 569 U.S. 383 (2013) (exceptional, extraordinary postconviction relief standard)
- Coleman v. Hardy, 628 F.3d 314 (7th Cir. 2010) (Schlup gateway applied in Seventh Circuit context)
- Baldwin v. Reese, 541 U.S. 27 (2004) (fair opportunity to present federal claims in state courts; procedural default rule)