McDonald v. Hardy

359 F. App'x 650
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 5, 2010
DocketNo. 08-2713
StatusPublished

This text of 359 F. App'x 650 (McDonald v. Hardy) 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
McDonald v. Hardy, 359 F. App'x 650 (7th Cir. 2010).

Opinion

[652]*652ORDER

Illinois prisoner Christopher McDonald is serving a fifty-year sentence for first-degree murder and related crimes he insists he committed in self-defense. After exhausting his state remedies, McDonald filed a petition for a writ of habeas corpus in the district court. See 28 U.S.C. § 2254. The court denied the petition but granted a certificate of appealability on McDonald’s claims that he received ineffective assistance of counsel and was harmed by a series of witness-appearance-bond hearings held by the trial court without his knowledge. We affirm the district court’s denial of McDonald’s petition.

I. Background

The facts before us are sparse and originate in the Illinois appellate court’s decisions on McDonald’s direct appeal and petition for postconviction relief. See People v. McDonald, 322 Ill.App.3d 244, 255 Ill.Dec. 584, 749 N.E.2d 1066 (2001); People v. McDonald, No. 3-02-0650, 341 Ill.App.3d 1124, 304 Ill.Dec. 667, 853 N.E.2d 456 (Ill.App.Ct. Aug. 29, 2003) (unpublished). In February 1999, Derrick Gholston, Lucias Byes, and Courtney Ward rode together in a stolen car with John Gholston at the wheel. As they parked the car, McDonald approached, and an argument ensued. John Gholston got out of the car, and McDonald shot him fatally in the chest and fired at the three men still inside. Ward fled the vehicle unharmed, but the other two passengers were wounded.

After McDonald was indicted, the state petitioned the court for material-witness appearance bonds for Byes and Ward, stating that both men feared for their safety and that Byes planned to leave the area. See 725 ILCS 5/109-3(d) (permitting judge to require any material witness in criminal prosecution to agree in writing to appear at trial and provide for bond forfeiture if witness does not appear). The state also sought an appearance bond for a third potential witness whom McDonald allegedly told about the shooting when the men were incarcerated together at the county jail. Each petition reported that Derrick Gholston, the third passenger, had since been shot and killed, and that the homicide was still under investigation. Without notifying McDonald, the judge conducted ex parte hearings on the petitions and granted all three, setting a $100,000 recognizance bond for each witness. When McDonald learned about the hearings, he moved to have the indictment dismissed, but his motion was denied.

At trial McDonald testified that he had acted in self-defense, and the court thus gave McDonald the option to have the jury instructed on the lesser-included offense of second-degree murder. In Illinois a defendant is guilty of second-degree murder when he commits first-degree murder and “[a]t the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing” but “his belief is unreasonable.” 720 ILCS 5/9-2(a)(2). McDonald declined to offer the instruction, so the jury was instructed only on first-degree murder, which encompasses both intentional homicide and homicide arising from acts that the defendant knows “create a strong probability of death or great bodily harm” to the victim. 720 ILCS 5/9-l(a). The jury convicted McDonald of the latter, as well as unlawful use of a weapon by a felon, two counts of aggravated battery with a firearm, and aggravated discharge of a firearm. The judge sentenced him to concurrent terms of 30 years for first-degree murder, 10 years for aggravated discharge of a firearm, and 5 years for unlawful use of a weapon by a felon. He was also sentenced to consecutive terms of 10 years for each of his two convictions for aggravated battery with a firearm, produc[653]*653ing an aggregate sentence of 50 years’ imprisonment.

On direct appeal McDonald argued, among other things, that his rights to due process and a fair trial were violated when the court held ex parte hearings on the material-witness appearance bonds. He asserted that the ex parte hearings allowed the prosecution to present “inflammatory” allegations to the trial court insinuating that McDonald was responsible for Derrick Gholston’s death; these allegations so biased the judge against him, he argued, that he effectively was prevented from choosing a bench trial. The Illinois appellate court found that “it was clear error” for the trial court not to have notified McDonald of the hearings but concluded that the error was harmless. The state supreme court denied review.

McDonald then filed a pro se postconviction petition arguing, among other things, that his trial counsel was ineffective because he had failed to inform McDonald that his eligibility for good-time credit would differ depending on whether he was convicted of first- or second-degree murder. In Illinois a defendant convicted of first-degree murder is ineligible for good-time credit, whereas a defendant convicted of second-degree murder receives one day of good-time credit for each day served. 730 ILCS 5/3 — 6—3(a)(2), (2.1). If he had known this, McDonald asserted, he would have requested a jury instruction on second-degree murder. The trial court dismissed the petition as frivolous, and the state appellate court affirmed, concluding that eligibility for good-time credit was collateral to McDonald’s conviction and that his lawyer therefore did not have a duty to explain it to him. The state supreme court denied leave to appeal.

McDonald then petitioned the federal district court for a writ of habeas corpus. See 28 U.S.C. § 2254. The district court denied the petition but granted a certificate of appealability on McDonald’s claims that (1) his trial counsel rendered ineffective assistance in advising him to decline a jury instruction on second-degree murder without informing him of the potential good-time consequences of his decision and (2) his constitutional rights were violated when the trial court held ex parte hearings on the material-witness appearance bonds.

II. Analysis

We review de novo the district court’s denial of McDonald’s petition for a writ of habeas corpus. See Emerson v. Shaw, 575 F.3d 680, 685 (7th Cir.2009). Our review is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), which constrains us from disturbing a state court’s decision unless it is “contrary to” or “an unreasonable application of’ clearly established federal law as determined by the Supreme Court. 28 U.S.C. § 2254(d)(1); Williams v. Thurmer, 561 F.3d 740, 742 (7th Cir.2009).

A. Ineffective Assistance of Counsel

McDonald argues that the state court’s decision on his ineffective-assistance-of-counsel claim was an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under Strickland,

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Bluebook (online)
359 F. App'x 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-hardy-ca7-2010.