United States Seventh Circuit

In defendant's petition for habeas relief from his conviction for first-degree murder and sentence to an extended-term based on a finding that the murder was exceptionally brutal of heinous, denial of the petition is affirmed as defendant procedurally defaulted each of his claims and even if he adequately preserved his claim of ineffective assistance of counsel for federal review, he cannot show that counsel's failure to raise Apprendi error caused him prejudice.

Appellate Information

• Argued 04/09/2009
• Decided 03/12/2010
• Published 03/12/2010

Judges

• ROVNER, Circuit Judge., Before MANION, ROVNER, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Patrick M. Otlewski, Latham & Watkins LLP, Chicago, IL, for Petitioner-Appellant., Doiakah Gray, Joliet, IL, pro se.


• For Appellees:
  
• Karl R. Triebel, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.