Defendant pursued federal habeas review after a state court jury found him guilty of sexual assault, strangulation, and kidnapping. During deliberations, the jury sent a note with a question to the judge but the court bailiff answered the question without first relaying it to the judge. The defendant moved for a mistrial, which was denied. Appellate counsel field a no-merit brief explaining that any legal arguments relating to the bailiff’s actions were frivolous. The Wisconsin Court of Appeals agreed and affirmed and the Wisconsin Supreme Court denied certiorari. On federal habeas review, defendant argued two violations: that the state appellate court denied him a meaningful appeal under Anders v. California and that the trial court judge erred when it did not hold a hearing to investigate jury intrusion. The Seventh Circuit affirmed, concluding that the Anders claim failed because the constitution does not promise a defendant the right to exhaustive analysis in the disposition of his claims and that his second argument could not clear the “high hurdle” established by the Antiterrorism and Effective Death Penalty Act. (SCUDDER and ST. EVE, concurring)
Federal 7th Circuit Court
Criminal Court
Jury Trial