Habeas Corpus — ineffective assistance

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United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus — ineffective assistance

Where a state prisoner’s attorney failed to investigate whether he was competent to stand trial, and there is a reasonable possibility he would have been found unfit, the state courts erred in finding that counsel was not ineffective.

“The evidence established that Newman was unable to make decisions about his fundamental rights. He did not understand the role of the jury; thus, he could not make a rational choice about whether to request a jury trial. Testimony from Kavanaugh and Dillon as well as Newman’s own unresponsive answer during the colloquy with the trial judge support the conclusion that Newman could not understand the meaning of a constitutional right, including his constitutional right to testify or not to testify. It is evident that a defendant that does not understand his fundamental rights cannot make rational decisions about those rights.”

“Johnson’s failure to investigate Newman’s fitness and request a fitness hearing was constitutionally deficient. Had Johnson investigated and requested a fitness hearing, there is a reasonable probability that Newman would have been found unfit had a hearing been held. Accordingly, Newman is entitled to habeas relief.”

Affirmed.

12-3725 Newman v. Harrington

Appeal from the United States District Court for the Northern District of Illinois, Dow, J., Tinder, J.