Habeas Corpus – Ineffective assistance

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus – Ineffective assistance

Where defense counsel in a state court first-degree homicide prosecution did not interview three potential defense witnesses, the state courts unreasonably held, without an evidentiary hearing, that his performance was not deficient.

“These witnesses and at least part of the information they could provide were in police reports provided to Campbell’s lawyer before trial. Toni Leonard told police that two other men—not Campbell—started the fight with the victim. This statement flatly contradicted prosecution witness Rita Butler’s testimony, as well as the State’s entire theory of the case that the fight began when Campbell attacked the victim. Ms. Leonard also told police that prosecution witness Damion Johnson participated in the beating, which contradicted Johnson’s testimony that he was not involved. Another eye-witness, Leroy Hunter, told police that prosecution witness Steven Peete hit the victim three or four times with ‘something that looked like a pipe, or a big stick.’ This statement contradicted Peete’s testimony that he was also not involved. A third eyewitness, Ieca Hunter, witnessed the beating but told police that she could not identify any of the assailants. According to an affidavit that was presented to the state courts, though, she would have been able to identify Campbell as someone present at the scene who did not participate in the beating. According to her affidavit, Campbell was standing directly in front of her house, apart from the group of men who participated in the beating, and he ‘never touched’ the victim. Neither Ms. Leonard, Mr. Hunter, nor Ms. Hunter was called to testify in Campbell’s defense at trial.”

Reversed and Remanded.

13-2634 Campbell v. Reardon

Appeal from the United States District Court for the Central District of Illinois, Baker, J., Hamilton, J.

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