Leonard Hinton v. Alan M. Uchtman

395 F.3d 810
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 22, 2005
Docket02-2729
StatusPublished
Cited by19 cases

This text of 395 F.3d 810 (Leonard Hinton v. Alan M. Uchtman) 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
Leonard Hinton v. Alan M. Uchtman, 395 F.3d 810 (7th Cir. 2005).

Opinions

COFFEY, Circuit Judge.

On September 13, 1985, Leonard Hinton was convicted of murdering John Durham, Dorothy McDaniel, and Edward Bradley and sentenced to life in prison. The Illinois Appellate Court, on direct appeal, upheld Hinton’s conviction on three counts of murder. Hinton responded with the filing of a pro se post-conviction petition in the circuit court alleging a laundry list of constitutional violations, which was denied and affirmed by the Appellate Court of Illinois. Thereafter, Hinton filed a petition for a writ of habeas corpus in federal court alleging that the police obtained his signed confession through physical coercion, abuse and police brutality and claimed that the admission of his confession at trial was a violation of his Fifth Amendment rights. The district court ruled that Hinton’s Fifth Amendment claim did not warrant habeas relief; concluding that any error arising from the admission of his confession was harmless when one considers that the State produced an overwhelming amount of evidence of his guilt separate and distinct from the confession. We affirm.

/. Background

In the early morning hours following Thanksgiving Day 1983 in Chicago, Illinois, John Durham, Dorothy McDaniel, and Edward Bradley were in the kitchen of Durham’s apartment ' when Hinton stopped in to collect a drug debt from Durham. According to Hinton, after Durham refused to pay the debt Hinton pulled a loaded .38 revolver from his coat. Durham allegedly tried to grab the weapon, and Hinton shot him in the chest and head, killing Durham. Hinton also shot and killed McDaniel and Bradley, striking each of them behind the ear at the base of the skull (gangland style). Chicago police officers called to the scene found all three victims lying in a pool of blood.

At this time, the officers’ only lead as to the identity of the murderer came from one of Durham’s neighbors, Diane Staton, who told police that immediately after hearing shots fired -from the direction of Durham’s apartment, shortly after 12 a.m. on November 25,1983, she observed a man with a gun walking backwards out of Durham’s apartment. Staton told police that she had viewed the suspect from her upstairs bedroom window across the street from Durham’s apartment. Staton went on to explain that the entire area around [813]*813Durham’s apartment was well-lit and she had an opportunity to see the man’s face when he turned around and looked in her direction as he was fleeing from the scene. Staton’s initial description of the man was that he was black, about six-foot-two, between 180 and 200 pounds and in his mid-twenties. Staton subsequently identified Hinton as the man she saw that night in a police lineup, as well as in court during the trial.

Later that day, November 25, 1983, at about 5 p.m., the police arrived at Hinton’s apartment and, after investigating an unrelated aggravated battery charge, they arrested him, advised him of his Miranda rights and conveyed him to Area 2 police headquarters (“Area 2”). While Hinton was detained on the battery charge, an undisclosed informant gave police information that led them to suspect that Hinton was responsible for the three murders. At this time police also became aware that Hinton matched the physical description of the person Staton had observed exiting Durham’s apartment. Armed with this information, the police brought Staton to the station and arranged a physical lineup with the suspect, Hinton, and four other African-American males similar in age, stature, build and complexion to ascertain whether Staton could identify Hinton as the person she witnessed exiting the murder scene. Upon viewing the lineup, Sta-ton identified Hinton as the individual she observed standing in Durham’s doorway with a gun in his hand shortly after 12 a.m. on the morning of November 25, 1983.1

After her positive identification of Hinton in the lineup, police once again advised the suspect, Hinton, of his Miranda rights and proceeded to question him about the triple homicide. In the course of their investigation the officers questioned David Dixon, one of Hinton’s associates. Dixon denied any involvement in the murders, but revealed that shortly after the murders Hinton told him that he had just shot a couple of people and asked Dixon to sell his .38-caliber gun. Dixon went on to tell the police that, at Hinton’s direction, he had traded the gun to a man he knew named James Randall for cocaine. Thereafter, the officers questioned Randall, who produced the .38-caliber weapon and confirmed that he had received it from Dixon.

With the suspected murder weapon in police custody (ballistics tests later established that Hinton’s .38 was the murder weapon), the police continued to question Hinton about the murders. Initially, Hinton denied being present at the murder scene and came up with an alibi, telling police and Asst. State’s Attorney Lori Lev-in (“A.S.A. Levin”), who had been called in to take Hinton’s statement, that he was at home playing cards with his family on the evening of the murders. However, Hinton’s family refused to corroborate his fabricated alibi and, after police confronted him with this information, he changed his story and admitted that he was present at the scene of the murders and that he was responsible for the deaths of Durham, Bradley, and McDaniel.

Following his confession Hinton was interviewed for a second time by A.S.A. Lev-in, on November 27, 1983, at 3:30 p.m., in the presence of a stenographer. During the interview, Hinton gave another, this time more detailed “confession” in which he accepted responsibility for the three murders. However, in this statement Hinton attempted to paint an implausible picture as to how the homicides occurred. Hinton told A.S.A. Levin that he shot and killed Durham in self defense during an altercation the two had over a drug debt [814]*814and that Bradley and McDaniel had been shot “accidently.” According to Hinton, he went to Durham’s house to collect a drug debt, but encountered Durham, Bradley and McDaniel when he entered the kitchen to demand his money. Durham refused to pay the drug debt and ordered Hinton to leave. Hinton next stated that he “got [his loaded] .38 [caliber gun] out of [his] coat,” and “cocked it” (the gun’s hammer), at which time Durham allegedly made an attempt to grab the weapon and the two started fighting. As they struggled, Hinton claimed his weapon just “went off four times, hitting both McDaniel and Bradley, before he shot Durham directly in the chest. After being shot once, Hinton recounted that Durham staggered to his feet and he (Hinton) shot him again before exiting the house. However, Hinton’s description of events was in sharp contrast to the physical evidence the police discovered about the execution-style slayings during their investigation of the crime scene.

After Hinton’s statement was transcribed by the stenographer, A.S.A. Levin read the statement aloud to Hinton and suggested that he follow along so that he could make any changes that he thought were needed to accurately reflect the content of his transcribed statement. Hinton proceeded to read, approve and initial each page; and then duly signed the last page of the document. Shortly thereafter, Hinton was charged with the murders of Durham, McDaniel, and Bradley, and entered a plea of not guilty to each count. Hinton then filed a pretrial motion to suppress his written confession statement given to Lev-in, claiming that it was involuntary because it was the product of police brutality.

A. Suppression Hearing

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Leonard Hinton v. Alan M. Uchtman
395 F.3d 810 (Seventh Circuit, 2005)

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Bluebook (online)
395 F.3d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-hinton-v-alan-m-uchtman-ca7-2005.