Gutierrez v. Anglin

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Case Number: 
No. 11-2308
Decision Date: 
February 8, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in denying defendant’s habeas petition challenging his first degree murder conviction on grounds that his trial counsel was ineffective by failing to present evidence of defendant’s mental illness that defendant claimed would have bolstered his claim of self-defense. Record failed to demonstrate that defendant was suffering from any delusions at time of charged offense or that his mental illness caused him to perceive murder victim as physical threat. Thus, defendant failed to show that evidence of his mental disease would have made many difference in outcome of trial. Ct. further noted that second degree murder statute did not provide as mitigating factor existence of mental disorder that would have caused defendant to overreact to non-physical threat.