Bigelow v. Haviland

SUTTON, Circuit Judge.

Michael Bigelow’s federal habeas corpus petition — challenging his state-court con victions for kidnapping, assault and arson — is before us for a second time. At his criminal trial, Bigelow maintained that he was in another city on the day of the crime. In his first appeal to us, we reversed the district court’s denial of the writ, instructing it to hold an evidentiary hearing to determine whether Bigelow’s trial counsel failed adequately to investigate this alibi defense, particularly after a corroborating witness stepped forward a few days before the criminal trial.…