MEMORANDUM OF DECISION — Tyquan Turner, the petitioner, seeks to vacate his convictions of felony murder, robbery and Conspiracy to commit robbery on the basis that the state failed to disclose exculpatory evidence: his right to due process was violated because of the introduction of unreliable call detail mapping data and by the state’s failure to correct false or substantially misleading testimony: and he received ineffective assistance of both trial and appellate counsel. The respondent has denied the allegations and asserted the defenses of res judicata and procedural default as to the due process violations in count two. Turner’s reply avers several reasons why he should not be barred from litigating the allegations in count two, including ineffective assistance of counsel as the cause for any procedural default.
The court finds that trial counsel performed deficiently when he failed to challenge the Admissibility of cell site location information testimony, including an animated map purporting to show the path of travel, from a Detective Weaver and that this failure prejudiced Turner. For the reasons set forth below, the petition is granted in part.