Please ensure Javascript is enabled for purposes of website accessibility

Habeas Relief- Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//July 24, 2023//

Habeas Relief- Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//July 24, 2023//

Listen to this article

7th Circuit Court of Appeals

Case Name: Roberto Mata v. Tyrone Baker

Case No.: 20-3151

Officials: Hamilton, Brennan, and Jackson-Akiwumi, Circuit Judges.

Focus: Habeas Relief- Ineffective Assistance of Counsel

Mata fired shots, resulting in the death of two men and the injury of another. Chicago police apprehended Mata on the same evening. The following day, after being read his Miranda rights and confirming his understanding, Mata provided a videotaped statement. He explained that he heard Mares calling his name and upon turning around, he witnessed two men holding Mares while others encircled him. In response, Mata drew his gun and fired. As the men backed away, one of them reached for his pocket, prompting Mata to discharge five more shots towards the group before fleeing to his car. It is important to note that at no point did Mata observe any of the men carrying a weapon. Subsequently, an officer reiterated Mata’s Miranda rights on tape, and Mata reaffirmed his comprehension, stating that he wished to make the statement willingly and without any coercion or promises from the police, as he had been treated fairly during the process.

Defense counsel moved to suppress Mata’s statements, contending that Mata experienced police mistreatment for two days prior to receiving any Miranda warnings. However, no hearing was conducted regarding this motion. Mata was convicted on two counts of first-degree murder and one count of aggravated battery with a firearm. In response, he sought habeas relief, asserting that his counsel’s ineffective assistance lay in the failure to pursue a hearing on the motion. Despite the Seventh Circuit affirming the denial of the petition, Mata had procedurally defaulted his claim and failed to demonstrate cause for excusing the default.

Affirmed.

Decided 07/19/23

Full Text

Polls

What kind of stories do you want to read more of?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests