Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that his trial counsel was ineffective for failing to seek 2nd degree murder jury instruction based on provocation, where trial counsel sought and obtained 2nd degree murder jury instruction based on self-defense. Trial counsel made reasonable, strategic choice to omit provocation instruction, where defendant testified that prior to confrontation with victim he was not upset and just wanted to leave scene, and where such testimony was inconsistent with provocation jury instruction. Moreover, defendant failed to establish any prejudice arising out of trial counsel’s failure to seek such instruction, where jury obviously rejected defendant’s self-defense claim based on forensic evidence that supported govt.'s view that victim had died from severe and repeated beating to head. Also, defendant procedurally defaulted claim that his conviction was product of govt.'s use of false testimony, where defendant could produce only unsigned and unsworn affidavits to support such claim, and where defendant otherwise failed to raise claim within applicable 2-year period under section 2-1401 of Illinois Code.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel