Price v. Thurmer

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 09-3851
Decision Date: 
April 18, 2011
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s habeas petition challenging his attempted murder conviction on ground that his trial counsel was ineffective for failing to provide court-appointed expert with certain reports from lay observers of defendant’s behavior at or near time of instant attack, where said expert eventually opined that defendant’s violent attack was more likely caused by substance-induced acute delirium rather than mental illness, and where defendant contended that his mental illness was cause of attack. Denial was proper under recent standard set forth in Harrington, 131 SCt 770, since it was not unreasonable for Wisc. state court to find that expert would not have changed his opinion had he seen said reports, even though Ct. of Appeals might have disagreed with conclusion reached by state court.