Habeas Corpus-Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Arthur Grady v. Charles Truitt

Case No.: 21-3162

Officials: Sykes, Chief Judge, and Rovner and Wood, Circuit Judges.

Focus: Habeas Corpus-Ineffective Assistance of Counsel

The victim was found dead outside a casino after a shooting, and Grady became the main suspect. Police discovered Grady’s cell phone and used surveillance video to track and arrest him. A subsequent search of Grady’s apartment uncovered a gun identified as the murder weapon by an expert witness. During the trial, Grady and his roommate, Bronson, gave conflicting accounts of the events that night.

Eventually, Grady was convicted of first-degree murder, but the jury didn’t find him as the triggerman based on a special verdict form. Bronson received a 24-year sentence, while Grady was sentenced to 60 years. Grady’s direct appeal focused on his sentence, but the Illinois Appellate Court dismissed his ineffective assistance post-conviction petition, citing overwhelming evidence against him and no demonstrable prejudice under Strickland.

Grady then sought a writ of habeas corpus under 28 U.S.C. 2254(a), claiming ineffective assistance of counsel during his direct appeal, as his lawyer only raised two issues that Grady considers weaker than the inconsistent-verdict argument. However, the Seventh Circuit affirmed the denial of relief, stating that the state court’s rejection of this claim did not constitute an unreasonable application of Strickland.

Affirmed.

Decided 07/20/23

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