United States Seventh Circuit

District court's denial of defendant's petition for habeas relief from his 1996 murder conviction is affirmed where: 1) defendant's Apprendi claim is procedurally defaulted as the State's waiver was unintentional and defendant had an opportunity to address the issue; 2) defendant cannot establish cause and prejudice for the default, or the potential for a miscarriage of justice; and 3) defendant has forfeited his claim that his sentence violated Apprendi because his indictment did not charge that he was potentially eligible for a sentence enhancement for brutal or heinous conduct.

Appellate Information

• Argued 09/07/2010
• Decided 11/17/2010
• Published 11/17/2010

Judges

• FLAUM

Court

• United States Seventh Circuit

Counsel