835 F.3d 764
7th Cir.2016Background
- In July 2001 Francisco Carrion, a 19‑year‑old Mexican immigrant with limited English, entered neighbor Maryanne Zymali’s first‑floor apartment; she was fatally stabbed.
- Carrion’s fingerprint/palm print matched a knife found in the apartment; he was arrested in January 2002, given Miranda warnings in Spanish, and gave two Spanish interviews: one with Detective Delgadillo and a videotaped interview with an assistant state’s attorney in which Delgadillo served as translator.
- At a 2004 bench trial the judge credited the videotaped statement (and Delgadillo’s translation) and forensic evidence, found Carrion intended to commit theft on entry, convicted him of residential burglary and first‑degree murder (merged counts), and sentenced him to 55 years.
- Carrion appealed (appellate counsel filed an Anders brief); state courts affirmed and denied postconviction relief; Carrion filed a federal habeas petition raising sufficiency, involuntary confession (translation by investigating officer), and ineffective assistance (failure to challenge confession) claims among others.
- The district court denied habeas relief; the Seventh Circuit granted a COA on sufficiency, voluntariness of the confession, and appellate counsel’s effectiveness in not challenging the confession and affirmed, reviewing the claims de novo (noting outcome would be the same under AEDPA).
Issues
| Issue | Carrion's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for residential burglary and 1st‑degree murder | Trial evidence was insufficient: intoxication, open door, no tools, no search, inconsistent statements meant no intent to steal; blackout impaired mens rea | Videotaped admissions and corroborating circumstantial facts (time, entry, demeanor, prints on knife) support intent and felony‑murder | Affirmed — viewing evidence in prosecution’s favor a rational factfinder could find intent to steal; felony murder supports 1st‑degree murder conviction |
| Voluntariness of videotaped confession where investigating officer served as translator | Delgadillo was biased/incompetent as translator; mistranslations and omissions rendered confession involuntary and unreliable | No showing of coercive police activity; trial court credited translations; interpreter witness described only minor omissions and called translations essentially verbatim | Affirmed — totality of circumstances shows no coercive police conduct; trial court’s credibility findings not clearly erroneous |
| Ineffective assistance of appellate counsel for filing Anders brief and not challenging confession | Failure to challenge confession on appeal was ineffective assistance | Counsel not ineffective for failing to raise meritless claims; confession admissibility claim lacks merit | Affirmed — because confession admission was not a viable claim, appellate counsel’s omission was not ineffective |
| Standard of review (AEDPA vs de novo) | Carrion argued de novo review would help; alternatively AEDPA should apply | State argued AEDPA deference applies | Court assumed de novo for decisionmaking but noted result would be same under AEDPA; denied relief |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal sufficiency review requires that any rational trier of fact could find guilt beyond a reasonable doubt)
- Schneckloth v. Bustamonte, 412 U.S. 218 (confessions must be voluntary under due process)
- Colorado v. Connelly, 479 U.S. 157 (coercive police activity is a necessary predicate to finding a confession involuntary)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard — deficient performance and prejudice)
- Anders v. California, 386 U.S. 738 (standards for counsel seeking to withdraw on appeal)
- Cullen v. Pinholster, 563 U.S. 170 (AEDPA deference and reliance on last reasoned state‑court opinion)
- United States v. Gillaum, 372 F.3d 848 (7th Cir. voluntariness/confession analysis under totality of circumstances)