Che Carter v. Keith Butts
760 F.3d 631
7th Cir.2014Background
- Carter attacked Stegemiller on June 20, 1990, with his accomplice Mitchell after forcing entry and restraining her, causing serious injuries.
- Stegemiller was robbed, raped, and their actions included removing telephones and locking doors to prevent medical help.
- At trial, evidence suggested intent to kill; an attempted murder instruction was given without defense objection and the State argued for intent to kill.
- Carter was convicted March 19, 1991 of felony burglary, robbery, rape, and attempted murder and sentenced to 90 years.
- Indiana Supreme Court later adopted Spradlin v. State, requiring an instruction to prove intent to kill in attempted murder cases, effectively standardizing prejudice concerns.
- Carter’s appellate counsel did not raise the Spradlin-based challenge on direct appeal; post-conviction relief was denied, reversed, and finally denied by the Indiana Supreme Court; Carter sought federal habeas relief under 28 U.S.C. § 2254, which was denied and affirmed by the district court and this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC for failure to challenge instruction | Carter argues Choate’s omission caused prejudice. | Choate’s performance did not prejudice Carter under Strickland. | Indiana court’s prejudice finding not unreasonable; no relief warranted. |
| Reasonableness of Strickland prejudice under AEDPA | Indiana Supreme Court unreasonably applied Strickland and Spradlin. | Indiana Supreme Court reasonably concluded lack of prejudice. | Court finds no unreasonable application; no habeas relief. |
Key Cases Cited
- Spradlin v. State, 569 N.E.2d 948 (Ind. 1991) (requires proof of intent to kill in attempted murder instructions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Harrington v. Richter, 131 S. Ct. 770 (U.S. 2011) (AEDPA deferential standard for reviewing state-court decisions)
- Knowles v. Mirzayance, 129 S. Ct. 1411 (U.S. 2009) (highly deferential standard for Strickland determinations)
- Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (limits on de novo reweighing of state court conclusions)
- Evitts v. Lucey, 469 U.S. 387 (U.S. 1985) (ineffective assistance extends to first appeal as of right)