Brunt v. McAdory

65 F. App'x 59
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 4, 2003
DocketNo. 02-1826
StatusPublished
Cited by1 cases

This text of 65 F. App'x 59 (Brunt v. McAdory) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brunt v. McAdory, 65 F. App'x 59 (7th Cir. 2003).

Opinion

ORDER

Tyris Brunt was convicted in Illinois state court of first degree murder and sentenced to an extended term of 80 years’ imprisonment. After exhausting his state remedies, Brunt filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 alleging, inter alia, that his defense attorney had provided ineffective assistance when he failed to interview potential alibi witnesses and failed to investigate witnesses who would have testified about the length and style of Brunt’s hair (in order to refute other witnesses’ identifications of him as the perpetrator of the crime). The district court denied the petition, but granted Brunt a certificate of appealability limited to the ineffective assistance issue. We affirm.

Brunt was jointly tried with two co-defendants for the murder of Michael Pay-ton outside a school in 1991. The state’s evidence at trial established that on November 20, 1991, the son of one of Brunt’s co-defendants was involved in a fight with another youth at school. The next afternoon a mob outside the school attacked the other youth involved in the fight. Payton got out of his car to attempt to break up the fight, and one of Brunt’s co-defendants shot him. Payton ran away but Brunt, who also was at the school, followed him, pointed a semi-automatic pistol at him, and fired until the gun was empty. Several witnesses testified that Brunt was one of [61]*61the shooters, but two others denied seeing Brunt at the scene of the shooting or that Brunt even resembled the offender. See People v. Brunt, 312 Ill.App.3d 1201, 264 Ill.Dec. 68, 769 N.E.2d 570 (2000) (unpubHshed). Based on this evidence, Brunt was convicted of first degree murder.

After an unsuccessful direct appeal of his conviction, Brunt filed in state court a post-conviction motion under 725 ILCS 5/122-1, aHeging in relevant part that his counsel was ineffective for failing to investigate several ahbi witnesses and other witnesses who would have testified that Brunt did not have long hair (such testimony would have “offset” descriptions of the attacker offered by state witnesses). Brunt failed to present to the trial court either affidavits from the aHeged aHbi witnesses or a summary of their proposed testimony, and the court summarily dismissed the petition under 725 ILCS 5/122-2.1, finding that it was “frivolous and patently without merit.” The AppeUate Court of Illinois affirmed the dismissal, determining that with respect to the ahbi-witness claim Brunt faded to “make the requisite showing of the gist of a meritorious constitutional claim” because he faüed to substantiate his aUegations with affidavits. With respect to Brunt’s claim that counsel faded to investigate witnesses regarding his physical appearance, the court found that he had faded to demonstrate that counsel’s actions had prejudiced him. The Supreme Court of Illinois denied Brunt leave to appeal.

Brunt timely filed his § 2254 petition. The district court rejected the state’s argument that Brunt had proceduraUy defaulted his ineffective-assistance claims and determined that the Illinois appeUate court’s conclusion that Brunt had faüed to show prejudice due to counsel’s aHeged ineffectiveness was not contrary to, or an unreasonable application of Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See § 2254(d)(1). The district court then granted Brunt a certificate of appealability on the issue whether he received ineffective assistance of counsel.1

Before reaching the merits of Brunt’s argument, we must consider the state’s renewed argument that Brunt procedurally defaulted his ineffective assistance claims. The state asserts that the Illinois appeUate court affirmed the dismissal of Brunt’s petition on procedural grounds, not on its merits, and that the court’s decision constitutes an independent and adequate state ground precluding federal habeas review. Under the “independent and adequate state ground” doctrine, federal courts are barred from considering a habeas corpus petitioner’s constitutional claims if the last state court rendering judgment in the case “clearly and expressly” states that its judgment rests on a state procedural bar. Harris v. Reed, 489 U.S. 255, 263, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989) (quoting Caldwell v. Mississippi, 472 U.S. 320, 327, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985)). A state procedural bar occurs when a state court refuses to reach the merits of the petitioner’s federal [62]*62claim because he failed to raise that claim as required by state law or procedures. See Wainwright v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Here, as in the district court, the state argues that Brunt’s claims were procedurally defaulted because he failed to attach affidavits summarizing the witnesses’ expected testimony, as required by 725 ILCS 5/122-5. The district court disagreed and determined that the state appellate court had proceeded to the merits of both his ineffective assistance claims.

We agree with the district court that Brunt did not procedurally default either of his ineffective assistance claims. When the state appellate court considered his claim concerning counsel’s failure to adequately investigate witnesses who would have testified about his appearance at the time of the murder, it cited People v. Coleman, 183 Ill.2d 366, 233 Ill.Dec. 789, 701 N.E.2d 1063, 1079 (1998), proceeded to the merits of the claim, and applied the cause-and-prejudice test of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). It affirmed the trial court’s dismissal of Brunt’s claim because he failed to show that he was prejudiced by counsel’s allegedly deficient conduct - a decision on the claim’s merits. With respect to Brunt’s claim concerning counsel’s failure to investigate alibi witnesses, the state appellate court also reached its merits. Although the appellate court did not specifically determine whether Brunt satisfied the Strickland cause- and-prejudice test, it did state that he “failed to make the requisite showing of the gist of a meritorious constitutional claim.” Because the appellate court’s decision mentions the merits of Brunt’s claim, we cannot say that it “clearly and expressly” relied on a state procedural rule as its reason rejecting that claim, and Brunt has not procedurally defaulted it. See Harris, 489 U.S. at 266.

Having determined that Brunt did not procedurally default his ineffective assistance claims, we now turn to their merits.

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Related

Brunt v. McAdory Warden
540 U.S. 910 (Supreme Court, 2003)

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Bluebook (online)
65 F. App'x 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brunt-v-mcadory-ca7-2003.