Dist. Ct. did not err in denying defendant’s habeas petition challenging appellate counsel’s decision not to contest defendant’s three consecutive 40-year sentences on Indiana child molestation charges, even though state court of appeals found that appellate counsel’s failure to do so did not result in prejudice to defendant, since defendant had failed to demonstrate that his 120-year aggregate sentence was inappropriate in light of nature of offense and character of offender. Instant legal issue was question of state law that was not addressable in habeas petition. Ct. also rejected defendant’s claim that state court should have applied more favorable state-law precedent that arose after date that defendant’s direct appeal had become final. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Habeas Corpus