Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Anthony D. Lee, Sr. v. Kevin Kink, Warden, Lawrence Correctional Center

Case No.: 18-1005

Officials: FLAUM, EASTERBROOK, and SCUDDER, Circuit Judges.

Focus: Ineffective Assistance of Counsel

After a bench trial, Anthony Lee was convicted of kidnapping and rape. He is serving sentences that add to 100 years’ imprisonment. The state-court judge found that Lee and his friend Burlmon Manley forcibly abducted L.M. about 1 A.M. one day, dragging her into their blue Cadillac while she kicked and screamed. Both Manley and Lee struck and raped L.M. When L.M. resisted, Lee retrieved a pistol from the car’s trunk to make her more cooperative. About 3 A.M. L.M. escaped and ran naked to a nearby house. Police took pictures of L.M.’s bloody face. Lee, the only defense witness, said that L.M. entered the car voluntarily and that he did not touch her sexually—though before trial Lee said that he and L.M. had consensual oral sex. The state judge found that L.M.’s testimony about her ordeal was “very credible” and stated that the pictures showing her injuries, and the testimony of the person who opened the door to L.M., negated the defense of consent. Lee’s convictions were affirmed on direct and collateral review. See People v. Lee, 2016 IL App (1st) 152425 (June 30, 2016).

Lee’s federal petition under 28 U.S.C. §2254 contends that he did not receive effective assistance of counsel. He asserts that before trial his lawyer received five affidavits that corroborated Lee’s story or provided exculpatory details, but that counsel did not interview the affiants. In Lee’s postconviction proceedings the state judiciary did not hold an evidentiary hearing. The appellate decision concluded that none of the five affidavits is necessarily inconsistent with Lee’s guilt, while the evidence against him is strong, so the absence of these witnesses at trial was not prejudicial. The federal district judge held that the state court’s decision was not unreasonable, and he denied Lee’s petition. Lee v. Lamb, 2017 U.S. Dist. LEXIS 198451 (N.D. Ill. Dec. 4, 2017).

Vacated and Remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Derek oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.