Santiago v. Hinsley

93 F. App'x 74
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 9, 2004
DocketNo. 03-1316
StatusPublished
Cited by1 cases

This text of 93 F. App'x 74 (Santiago v. Hinsley) 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
Santiago v. Hinsley, 93 F. App'x 74 (7th Cir. 2004).

Opinion

ORDER

Twenty-two years ago, an Illinois jury convicted Aníbal Santiago and two of his three codefendants, Edwin Gutierrez and Eduardo Rosario, of murdering Juan Gomez in October of 1981. Santiago was sentenced to a term of 70 years for the crime, while Gutierrez and Rosario received sentences of 50 years and 40 years, respectively. On direct review, the Appellate Court of Illinois affirmed the convictions and sentences of all three defendants, People v. Gutierrez, 136 Ill.App.3d 774, 91 Ill.Dec. 458, 483 N.E.2d 944 (1985), and the Illinois supreme court declined to hear their case, People v. Gutierrez, 111 Ill.2d 560, 93 Ill.Dec. 157, 486 N.E.2d 258 (1985).

Some 10 years later, Santiago filed a postconviction petition in state court claiming that his trial counsel was constitutionaUy ineffective for not introducing his medical records at trial to refute witness testimony that he was running from the scene of the crime and for not challenging the introduction at sentencing of a statement he made while recovering from surgery. Santiago’s petition was denied by the trial court and the state appellate court, People v. Santiago, 283 Ill.App.3d 1111, 237 Ill.Dec. 48, 708 N.E.2d 851 (1996), and the Supreme Court of Illinois denied his petition for leave to appeal, People v. Santiago, 173 Ill.2d 541, 226 Ill.Dec. 137, 684 N.E.2d 1340 (1997).

Santiago ultimately filed a petition for a writ of habeas corpus in federal court pursuant to 28 U.S.C. § 2254, arguing that his trial and sentencing counsel were ineffective. In denying his petition, the district court held that the Illinois state court did not unreasonably apply Supreme Court precedent in rejecting Santiago’s ineffective-assistance claim. We now consider Santiago’s appeal of that decision. We start with the facts, which come from the record compüed in state court.

Gomez was shot five times while changing a tire in the alley behind his apartment on the west side of Chicago. A witness, Charles Kidd, identified Santiago as one of several men in two cars seen loitering around the street near Gomez’s apartment prior to the murder. Kidd saw three men leave the cars and go into the alley behind Gomez’s apartment. The cars, a Buick and a Pontiac, followed the men toward the opening of the alley. Kidd then heard a series of gunshots and saw at least three men run out of the alley and jump in the waiting Buick on the driver’s side. Kidd [76]*76testified that as the Buick drove away, the driver, whom he identified as Santiago, yelled and pointed his finger at Kidd.

Two other witnesses testified that they saw three men running down the alley after the shooting. One witness identified one of the men as Santiago and said he was wearing a black leather jacket and dark pants. The witness also testified that she saw Santiago carrying a gun. The other witness could not identify Santiago, but did testify that one of the men was stocky and wearing a black leather jacket.

Within twenty minutes of the shooting, a Chicago police officer stopped a Buick driven by Santiago two miles from the site of the shooting. The Buick was stopped because its license plate (QA 2807) was similar to a partial description of the plate (QA 24 plus two other numbers) of the Buick fleeing the scene of the murder. Three other men were in the Buick besides Santiago. The police did not find any weapons in the Buick, but they did recover two guns from a Pontiac found near the murder scene. The two guns were identified as the murder weapons. Based on this evidence, Santiago and two of his three co-defendants were convicted.

At Santiago’s sentencing hearing, police detective John Howell, a gang-crimes specialist, testified about an interview he conducted with Santiago almost exactly a year before Gomez’s murder. On October 8, 1980, Santiago was shot twice, once in the neck and once in the left thigh. Howell interviewed Santiago in his hospital room on the evening of October 9. Howell testified that Santiago could not speak, so he wrote his answers on a slate. When asked if he knew who shot him, Santiago wrote that it was a Latin King. When asked if he could identify the shooter, Howell testified that Santiago wrote, “Keep it on the street.” Howell asked Santiago if he knew why he was shot, and Santiago wrote, “That I run with the C’s.” Howell testified that the Latin Kings and the “C’s”-Spanish Cobras-were gangs operating in the area of Santiago’s shooting. On the basis of Howell’s testimony, the trial judge found that Santiago, who was a leader of the Cobras, killed Gomez as an act of revenge for his own shooting.

In support of his post-conviction petition, Santiago submitted records detailing his medical treatment on the day he was interviewed by Detective Howell. The medical records show that shortly before midnight on October 8, Santiago underwent five hours of surgery during which the doctors first performed a tracheostomy and repaired the bullet wound to his neck. The bullet that entered Santiago’s left thigh continued through to his rectum and lodged in his right buttock. Santiago’s rectum was so severely damaged that the doctors performed a colostomy-the surgical rerouting of the colon to the abdominal wall to create an outlet for waste. Roscoe N. Gary & Louise J. Gordy, Attorneys’ Textbook of Medicine Vol. 16, ¶ 231.34 (3d ed.2003). Santiago’s surgery ended at four in the morning on October 9, and he was discharged to the Intensive Care Unit. During the course of the day, Santiago received three doses Demerol-a painkiller-50 mg at 5:20 a.m., 75 mg at 12:20 p.m., and 100 mg at 8:20 p.m. Detective Howell testified that he visited Santiago sometime around 7:00 p.m. that evening.

Santiago claims that he was denied his Sixth Amendment right to effective assistance of counsel. Our review of the state court’s adjudication of Santiago’s ineffective assistance claim is governed by 28 U.S.C. § 2254. Section 2244(d) provides that where, as here, a state court adjudicates a prisoner’s constitutional claims on the merits, a federal court may grant habeas relief only if the state court’s decision was contrary to or involved an unreason[77]*77able application of clearly established federal law as determined by the Supreme Court of the United States. Williams v. Taylor, 529 U.S. 362, 404-05, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court decision is contrary to Supreme Court precedent if the “state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law” or “confronts facts that are materially indistinguishable from a relevant Supreme Court precedent” and arrives at an opposite result. Williams, 529 U.S. at 407, 120 S.Ct. 1495.

An unreasonable application of Supreme Court precedent occurs when the “state court unreasonably applies it to the facts of the particular state prisoner’s case” or “unreasonably extends a legal principle ... to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply.” Id. We have described an unreasonable application as one “lying well outside the boundaries of permissible differences of opinion.” Hardaway v. Young, 302 F.3d 757

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Related

Santiago v. Hinsley, Warden
543 U.S. 902 (Supreme Court, 2004)

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93 F. App'x 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-hinsley-ca7-2004.