971 F.3d 582
6th Cir.2020Background
- Freddie Chase was convicted in Michigan of kidnapping, first-degree criminal sexual conduct, unlawful imprisonment, and felonious assault and received lengthy, consecutive sentences calculated under Michigan’s then-mandatory sentencing guidelines.
- Michigan judges scored offense variables (OVs) not found by a jury, which Chase contends doubled his guidelines minimum from 135 to 270 months.
- Three days after Chase’s sentencing, the U.S. Supreme Court decided Alleyne v. United States, holding that any fact that increases a mandatory minimum must be found by a jury; Alleyne therefore applied to Chase’s pending direct appeal.
- Chase’s court-appointed appellate counsel did not raise an Alleyne-based sentencing claim on direct appeal; Michigan Court of Appeals precedent (Herron) then held Alleyne did not invalidate Michigan’s scheme, though Lockridge later criticized Herron and the Michigan Supreme Court granted review.
- After the Michigan Supreme Court’s 2015 Lockridge decision (which applied Alleyne to Michigan and made guidelines advisory), Chase filed postconviction relief and habeas petitions; the state trial court denied relief as procedurally defaulted under Mich. Ct. R. 6.508(D)(3).
- The Sixth Circuit held Chase’s appellate counsel was constitutionally ineffective for failing to raise an Alleyne claim, excused the procedural default, found Chase’s Alleyne claim meritorious, conditionally granted habeas relief, and remanded for resentencing (with a 180‑day window for the state to act). A dissent would have upheld the denial, reasoning counsel reasonably omitted a claim foreclosed by prevailing Michigan precedent.
Issues
| Issue | Plaintiff's Argument (Chase) | Defendant's Argument (Warden) | Held |
|---|---|---|---|
| Whether appellate counsel’s failure to raise an Alleyne claim on direct appeal constituted ineffective assistance sufficient to excuse procedural default | Counsel’s omission was constitutionally deficient and prejudicial because Alleyne clearly established Michigan’s scheme was unconstitutional and many contemporaneous appeals raised Alleyne | Counsel reasonably omitted a foreclosed claim (Herron controlled); attorneys need not predict a later change in law | Court held appellate counsel ineffective, excused procedural default |
| Whether counsel’s performance was deficient under Strickland’s first prong | Failure to raise an obvious, strong Alleyne issue (clearly foreshadowed) was objectively unreasonable | Omission was strategic and reasonable because Herron and other precedent made Alleyne-based claims unwinnable at the time | Court found deficiency: Alleyne + Lockridge concurrences and subsequent developments made the claim clearly foreshadowed |
| Whether Chase showed Strickland prejudice (second prong) | There is a reasonable probability the Michigan Supreme Court would have granted relief/remanded had Alleyne been preserved and raised on direct appeal | Even if raised, intermediate courts would have denied it; reversal was not guaranteed | Court found prejudice: reasonable probability of a new sentencing proceeding/remand |
| Merits of the Alleyne claim (whether Michigan’s sentencing violated the Sixth Amendment) | Alleyne prohibits judge-found facts that increase mandatory minima; Michigan’s mandatory guidelines did that | Initially, state courts held Alleyne did not apply; after Lockridge state high court held otherwise | Court concluded Alleyne applied and Chase’s sentence violated the Sixth Amendment; habeas relief conditionally granted |
Key Cases Cited
- Alleyne v. United States, 570 U.S. 99 (2013) (Supreme Court holding facts that increase a mandatory minimum must be found by a jury)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- Evitts v. Lucey, 469 U.S. 387 (1985) (right to effective counsel on direct appeal)
- Robinson v. Woods, 901 F.3d 710 (6th Cir. 2018) (held Alleyne clearly established unconstitutionality of Michigan’s mandatory guidelines and granted habeas relief)
- People v. Lockridge, 870 N.W.2d 502 (Mich. 2015) (Michigan Supreme Court applying Alleyne to Michigan guidelines and making them advisory)