Cedell Davis v. Gregory Lambert, Warden

388 F.3d 1052, 2004 U.S. App. LEXIS 22985, 2004 WL 2475102
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 4, 2004
Docket02-2838
StatusPublished
Cited by80 cases

This text of 388 F.3d 1052 (Cedell Davis v. Gregory Lambert, Warden) 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
Cedell Davis v. Gregory Lambert, Warden, 388 F.3d 1052, 2004 U.S. App. LEXIS 22985, 2004 WL 2475102 (7th Cir. 2004).

Opinions

[1055]*1055DIANE P. WOOD, Circuit Judge.

A dispute between two intoxicated friends turned lethal when Cedell Davis stabbed Donovan (also known as David) Coleman as they watched football together one afternoon. Before, during, and after his trial, Davis implored his counsel to investigate a number of potential witnesses who would have supported his claim of self-defense, including the only sober eyewitness to the altercation. Notwithstanding these pleas, his attorneys never contacted any of the witnesses that Davis identified and called no defense witnesses at trial. After making his way through the Illinois courts, Davis filed a pro se petition for habeas corpus stating a claim of ineffective assistance of counsel based on his attorneys’ failure to investigate these witnesses.

The district court rejected his claim as procedurally defaulted and further found that the Illinois courts had not unreasonably applied Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984),when they concluded that his attorneys’ failure to contact these witnesses was reasonable and that he suffered no prejudice as a result. Because we cannot provide a meaningful review of Davis’s ha-beas petition and the Illinois courts’ adjudication of his Strickland claim without more information regarding the content of these potential witnesses’ testimony, we vacate the district court’s denial of Davis’s habeas petition and remand for an eviden-tiary hearing on this issue.

I

On September 2, 1996, Davis, Coleman, Lovell Love, and Moses Perry were watching football at Davis’s apartment in the Hilliard Homes, a Chicago Housing Authority (CHA) development. Davis, Coleman, and Love were all intoxicated. An altercation between Davis and Coleman erupted when the latter attempted to use illegal drugs in Davis’s apartment. Davis angrily forbade him from doing so, out of concern that the CHA would evict him if his guests used drugs. Coleman then demanded that Davis repay a $17 debt and threatened to have Davis ousted from a newspaper sales job with the Chicago Sun-Times. Davis then demanded that Coleman leave his apartment, whereupon the argument quickly escalated into a physical confrontation.

The parties dispute the details of the fight, but they agree that it culminated in Davis’s stabbing Coleman once in the leg and once in the chest. At trial, Davis argued that he acted out of self-defense. According to Davis, Coleman reached for his waistband in a threatening manner and then stabbed Davis with a round-tipped knife, which prompted Davis to grab a sharp knife. Davis testified that he feared that Coleman, who was 15 years younger, would overpower him. Davis stabbed Coleman in the leg, but Coleman continued to wrestle with Davis, attempting to grab Davis’s hand holding the sharp knife. As Davis began to fall, he fatally stabbed Coleman in the chest. At some point immediately before or immediately after Davis stabbed Coleman, Love awoke from his alcohol-induced slumber and attempted to separate the parties. Davis instructed Love to call 911 and then unsuccessfully attempted to resuscitate Coleman.

The State argued that Davis could not claim self-defense because Coleman was unarmed throughout the altercation. It did so despite the fact that a second bloodstained knife, which Davis had used earlier in the day to fix his stereo system, was recovered from the area in which the fight occurred. Neither party introduced evidence regarding whose blood or fingerprints were on the knife. The parties also dispute Love’s account of the incident. At [1056]*1056trial, the State called Love to testify that Coleman did not have a knife at the time of stabbing, consistent with Love’s statement to the police after the incident. On cross-examination, however, Love conceded that he “probably” told Davis’s neighbor, Robert Williams, immediately after the incident that Coleman had attacked Davis with a knife. The State also called as a witness a police detective who testified that Davis gave a statement after his arrest stating that Coleman had been unarmed during the encounter. Davis moved to suppress this statement, asserting that he was high and incoherent during the altercation and the interview because he was still under the influence of a three-day binge of alcohol, cocaine, and heroin use.

Davis experienced difficulties with his counsel from the outset. The state trial court ultimately replaced Assistant Public Defender David Eppenstein, who first represented Davis, with Public Defender Charles Buchholz. Prior to and after his bench trial, Davis vigorously objected to his attorneys’ failure to investigate potential defense witnesses, including Perry, the only sober eye-witness to the altercation. His attorneys presented no witnesses at trial, other than Davis, who testified against counsel’s advice. The court ultimately held that Davis had not proved self-defense by a preponderance of the evidence and that the state had proved the elements of first-degree murder. It also found, however, that Coleman’s use or threatened use of drugs in Davis’s home was a mitigating factor sufficient to establish “a sudden and intense passion,” which, under Illinois law, allows for conviction for second-degree murder. See 720 ILCS 5/9-2. The court found Davis guilty of second-degree murder and sentenced him to 18 years in prison. Davis filed a pro se motion for a new trial, arguing ineffective assistance of counsel based on his attorneys’ failure to investigate the witnesses he identified. The court denied his motion.

Davis appealed his conviction, contending that the trial court erred in failing to investigate his ineffective assistance of counsel claim. In its order rejecting his direct appeal, the Illinois Appellate Court acknowledged that “[pjrior to trial, defendant, who at this time was represented by a different assistant public defender than the one who had represented him at the suppression hearing, advised the court that he had seven witnesses, but his attorney would not even consider five of them and made no effort to contact them.” In addition, the court found that at sentencing, Davis had “reminded the court that he had seven witnesses whom his attorney refused to present.” The court concluded, without further explanation, that “under these circumstances the trial court adequately inquired into the nature of defendant’s allegation of ineffective assistance of counsel, learned that defense counsel’s failure to present the evidence or testimony was a result of appropriate trial strategy, and properly found defendant’s allegations without merit.”

Davis then filed a pro se post-conviction petition in state court, raising a claim of ineffective assistance of counsel based on his attorneys’ failure to investigate the potential defense witnesses, whom Davis identified and whose proposed testimony he described in his petition. These witnesses included: Perry, the only sober eye-witness to the altercation; Robert Williams, who would have testified that Love had told him that Davis stabbed Coleman only after Coleman attacked Davis with a knife; Deana Bradley, who would have testified to Davis’s “intoxicated and confused” state when he was taken to the police station following the stabbing, contradicting the interviewing detective’s testimony that Davis was coherent during [1057]

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Bluebook (online)
388 F.3d 1052, 2004 U.S. App. LEXIS 22985, 2004 WL 2475102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cedell-davis-v-gregory-lambert-warden-ca7-2004.