Habeas Relief – Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Jerry Wilson v. Dan Cromwell

Case No.: 21-1402

Officials: Sykes, Chief Judge, and Hamilton and Brennan, Circuit Judges.

Focus: Habeas Relief – Ineffective Assistance of Counsel

Melvin Williams was shot and killed on May 23, 2009, and two other men—Robert Taylor and Romero Davis—were injured in the same shooting. A Wisconsin jury found beyond a reasonable doubt that Jerry Wilson was the gunman. He appeals from the district court’s denial of his habeas petition under 28 U.S.C. § 2254, claiming that he received constitutionally ineffective assistance from his trial and postconviction counsel.

Wilson’s claims are both are procedurally defaulted. Wisconsin state courts disposed of Wilson’s ineffective assistance of trial counsel claim on adequate and independent state procedural grounds. And Wilson failed to present his ineffective assistance of postconviction counsel claim for one complete round of state court review. The default of these claims is not excused by a sufficient showing of actual innocence, barring federal review of the merits. Accordingly, this court affirms the district court’s denial of habeas relief.

Decided 01/23/23

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