Murdock v. Dorethy

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 15-1660
Decision Date: 
January 3, 2017
Federal District: 
C.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder and aggravated battery convictions on ground that his trial counsel was ineffective for failing to file motion to suppress his inculpatory statements given to police, where defendant had claimed that said statements were involuntary because he was only 16 years old at time statements were given and because he gave said statements outside presence of any responsible adult. Trial court held hearing and denied defendant’s post conviction petition raising instant ineffective assistance of counsel issue because defendant’s statements to police were actually voluntary. Record showed that Ill. Supreme Ct., which affirmed trial court’s finding that statements were voluntary based on “totality of circumstance” standard, applied correct governing law, and defendant had failed to show that Ill. Supreme Ct. unreasonably applied said governing law, where said Court gave some weight to defendant’s age and lack of adult presence and yet found that defendant had adequately waived Miranda warnings on multiple occasions and was not in coercive environment when statements were made. Moreover, Ct. rejected defendant's contention that Ill. Supreme Ct. reached wrong outcome.