McCray v. Rednour

441 F. App'x 376
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 22, 2011
DocketNo. 10-3692
StatusPublished
Cited by4 cases

This text of 441 F. App'x 376 (McCray v. Rednour) 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
McCray v. Rednour, 441 F. App'x 376 (7th Cir. 2011).

Opinion

ORDER

Sidney McCray, an Illinois state prisoner serving a 45-year sentence for first-degree murder, appeals the denial of his petition for a writ of habeas corpus under [378]*37828 U.S.C. § 2254. The district court granted a certificate of appealability on two issues: whether trial counsel was ineffective during a suppression hearing for failing to present photographs to show that police physically coerced McCray to confess, and whether appellate counsel was ineffective for failing to raise several issues in his direct appeal to the Illinois Appellate Court and in his petition to the Illinois Supreme Court. We affirm.

McCray was arrested in 1999 for home invasion, armed robbery, and the murder of Dwayne Hill. Three months earlier, police had found Hill dead of multiple gunshot wounds in an alley near his apartment. Hill’s apartment had also been robbed. Police interviewed several witnesses who fingered McCray in the robbery and murder. Police then sought out McCray. When they knocked on the door of his apartment and announced their presence, McCray attempted to elude them through the back of the apartment, but retreated when he saw police there. Police eventually found McCray hiding under a pile of dirty laundry, and transported him to the police station at 11:30 p.m. Police administered Miranda warnings to McCray, interrogated him, and at 3:30 a.m. he confessed to the murder.

Before trial McCray’s attorney moved to suppress McCray’s confession. Counsel argued that police coerced McCray into confessing through verbal threats and promises of leniency. The trial court denied the motion.

At trial, McCray admitted that he signed a statement confessing to the murder but explained that he did so only because police told him he would receive a shorter sentence if he cooperated. The police detective who interrogated McCray also testified and denied ever threatening him or offering him leniency if he confessed. McCray was convicted by a jury of first-degree murder, home invasion, and armed robbery and sentenced to 45 years’ imprisonment. The Illinois Appellate Court upheld McCray’s conviction on direct appeal, and the Illinois Supreme Court denied McCray’s petition for leave to appeal.

McCray petitioned for state postconviction relief, see 725 ILCS 5/122-1, challenging his arrest and conviction and raising allegations of ineffective assistance of trial and appellate counsel. McCray asserted that: 1) there was no probable cause for his arrest, 2) the indictment cited outdated versions of the statutes for first-degree murder, home invasion, and armed robbery, 3) trial counsel was ineffective for failing to argue that his indictment referenced the wrong version of the statutes, and 4) trial counsel was ineffective for failing to call alibi witnesses to testify to McCray’s whereabouts on the day of the murder. McCray also attached photographs his girlfriend claimed to have found discarded in the trash at the police station-photographs that, he maintained, showed he was beaten into confessing by police. The state trial court denied the petition, finding that the indictment referenced the correct statutes and that McCray had waived any challenge to his arrest by not raising the issue on direct appeal. As to the claims of ineffective assistance of counsel, the court found that McCray had not shown deficient performance or prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

On appeal, McCray’s counsel moved to withdraw. After reviewing the record and McCray’s pro se response, the Illinois Appellate Court found no issues of arguable merit, granted counsel’s motion to withdraw, and affirmed the judgment of the trial court. The Illinois Supreme Court denied leave to appeal.

[379]*379McCray then petitioned in federal court for a writ of habeas corpus, asserting among other claims the two that form the basis of this appeal. The district court denied the petition. Regarding McCray’s argument that his trial counsel was ineffective by not showing that his confession was coerced, the court found McCray’s allegation of coercion not supported by the record, and therefore, agreed with the state court that McCray’s claim of ineffective assistance was meritless. As to his claim of ineffective assistance of appellate counsel on direct appeal, the district court also agreed with the state court that the claims McCray wanted counsel to raise lacked merit, and that counsel was not ineffective for failing to raise them.

McCray now maintains that trial counsel was ineffective at the suppression hearing for failing to present photos showing that he was physically coerced to confess. McCray says that he did not testify at trial about the coercion because he expected his counsel to address the issue. Since these coerced statements were the primary evidence used to convict him, he continues, counsel’s failure to present the photos constituted ineffective assistance.

Since the state appellate court considered McCray’s claims of ineffective assistance of counsel on the merits, we can overturn its decision only if it is contrary to or involves an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254(d)(1); Harrington v. Richter, - U.S. -, 131 S.Ct. 770, 784-86, 788, 178 L.Ed.2d 624 (2011); Sussman v. Jenkins, 636 F.3d 329, 349-50 (7th Cir.2011). McCray cannot make such a showing. Although the state appellate court rendered its decision in the context of counsel’s motion to withdraw, the court reviewed the record as well as McCray’s postconviction petition, and found no issues of arguable merit. As the district court noted, at trial neither McCray nor his original counsel — who met with McCray following the police interrogation, and testified as a witness for the defense — mentioned McCray’s being beaten during the interrogation. Since a fairminded jurist could conclude that McCray’s argument lacked merit and that counsel was not ineffective for failing to pursue a nonmeri-torious motion to suppress, see Shell v. United States, 448 F.3d 951, 955 (7th Cir.2006), the appellate court reasonably applied Strickland in reaching its decision.

McCray also argues that the state appellate court erred in denying his claim that his appellate counsel provided ineffective assistance. He asserts that appellate counsel was ineffective by not arguing on direct appeal that police illegally searched his apartment and arrested him without probable cause. McCray acknowledges that his appellate counsel focused on claims “thought to prevail” but nonetheless argues that he was prejudiced by his counsel’s decision not to present these claims.

The state appellate court’s rejection of these claims was not an unreasonable application of clearly established federal law. At trial an officer testified that on the night of the arrest, another resident of McCray’s apartment permitted police to enter. By this time, police had statements from multiple witnesses identifying McCray as the murderer, and witness statements can be sufficient to establish probable cause. See Ebert v. Gaetz, 610 F.3d 404

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Bluebook (online)
441 F. App'x 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-rednour-ca7-2011.