Habeas Corpus — ineffective assistance

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United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus — ineffective assistance

The state court did not act contrary to clearly established federal law in finding that an attorney was not ineffective for failing to call a witness to testify.

“The appellate court’s decision is not contrary to, nor does it constitute an unreasonable application of, clearly established federal law. Natywa at most could have corroborated McIntosh’s testimony that Serio said that he ‘killed [Neubauer],’ which, given the State’s theory of the case, would not have exculpated Ruhl. The State, after all, charged Serio with Neubauer’s murder as well as Ruhl. Ruhl suggests that Serio told McIntosh that he killed Neubauer and Ruhl did not. But that is not what Serio said even by McIntosh’s account. Serio appears to have exaggerated his own role and left Ruhl’s role out. To the extent Ruhl construes Serio’s purported statement to McIntosh as exculpating him, it contained none of Chambers’ indicia of reliability. It was not against Serio’s penal interest, since whether Serio shot Neubauer by himself, or Ruhl did so on Serio’s orders, Serio was guilty. The statement was not made shortly after the crime, but some three months later to people with whom Serio apparently had little more than a casual relationship. There was no evidence to corroborate the claim that Ruhl had no involvement, and Serio, having been charged with the same crime, was not subject to cross-examination.”

Affirmed.

12-2515 Ruhl v. Hardy

Appeal from the United States District Court for the Northern District of Illinois, Holderman, J., Griesbach, J.