Dist. Ct. did not err in denying defendant’s habeas petition that challenged his life sentence on murder charge on grounds that his trial counsel was ineffective for failing to investigate and present additional mitigation evidence regarding his abusive childhood. Record showed that defendant was originally given death penalty, which was subsequently commuted to life sentence. As such, defendant was required to show under prejudice prong of Strickland that he would have received sentence of less that life imprisonment but for his counsel’s ineffectiveness.. Defendant failed to do this, where: (1) co-defendant, who had cooperated with government and had significantly less extensive criminal history, received life sentence; (2) government presented overwhelming evidence in aggravation, including defendant’s extensive criminal history; and (3) defendant’s proposed mitigation evidence was redundant to evidence contained in record.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel