Harper v. Brown

Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Citation
Case Number: 
No. 15-2276
Decision Date: 
July 31, 2017
Federal District: 
S.D. Ind., Terre Haute Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his enhanced sentence on Indiana drug distribution and receipt of stolen property charges, where defendant argued that his appellate counsel was ineffective for failing to generate sufficient argument in defendant’s appeal that urged Indiana App. Ct. to reduce his 72-year enhanced sentence by using its discretionary authority under Indiana Appellate Rule 7(B). Defendant’s claim was in essence attack on state court’s assessment of merits of his Rule 7(B) argument, which was pure state law issue that was not addressable in instant federal habeas petition.