179 F. Supp. 3d 809
N.D. Ill.2016Background
- Gerald Winfield was tried in a bench trial for the murder of Dominick Stovall and attempted murder of Jarlon Garrett; acquitted of murder and convicted of attempted murder based primarily on a signed written statement; sentenced to 30 years.
- Key prosecution evidence: (1) testimony that shots were fired at Stovall and Garrett; (2) Winfield’s written confession that he exited a car, masked, and shot at Garrett (and another shooter also fired).
- Trial judge found most witnesses not credible, relied on Winfield’s written confession to place him at the scene; the only witness the judge found credible did not identify Winfield and described a shooter much taller than Winfield.
- Post-conviction and direct appeal: appellate counsel raised only a sentencing-reasonableness/rehabilitation issue; appellate courts affirmed; state post-conviction relief denied without reaching some claims about appellate counsel.
- Winfield filed federal habeas alleging ineffective assistance of appellate counsel for failing to raise an insufficiency-of-the-evidence challenge under Illinois’ corpus delicti rule; court permitted limited discovery into appellate counsel’s decision-making.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for omitting an insufficiency/corpus delicti challenge | Winfield: appellate counsel should have argued the confession was not independently corroborated and evidence was insufficient to prove attempted murder | State: counsel considered and rejected issues; the sentencing claim raised was reasonable; the omitted issue lacked merit | Court: counsel’s omission was deficient and prejudicial because the corpus delicti argument had reasonable probability of success and appellate brief raised only a weak single issue |
| Whether the evidence independent of the confession sufficiently corroborated the confession (corpus delicti rule) | Winfield: only evidence independent of confession was that shots were fired; no independent facts tied Winfield to shooting or corroborated confession details | State: trial judge relied on evidence that Garrett was shot twice and Winfield’s in-court admission of an earlier dice-game dispute as corroboration | Held: the corroboration was insufficient — facts in the confession cannot be used to corroborate it and the independent evidence did not connect Winfield to the crime |
| Appropriate remedy for deficient appellate assistance | Winfield: requests reopening of direct appeal or, if impossible, new trial | State: did not show reopening would be inappropriate; argued counsel considered issues | Held: granted habeas relief and ordered Illinois to reopen Winfield’s direct appeal within 120 days (new trial not ordered at this time) |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Ineffective-assistance standard: deficient performance and reasonable-probability-of-different-result tests)
- Smith v. Robbins, 528 U.S. 259 (Strickland standard applies to appellate counsel)
- Howard v. Gramley, 225 F.3d 784 (omission of a significant obvious issue without legitimate strategy can be deficient; prejudice shown when omitted issue could have produced reversal)
- People v. Dalton, 91 Ill.2d 22 (corollary on unreliability of extrajudicial confessions and reasons suspects may falsely confess)
- People v. Collins, 184 Ill.App.3d 321 (corroborating evidence must both tend to prove the offense and correspond to facts in the confession)
- People v. Lenius, 293 Ill.App.3d 519 (intent to kill may be inferred from character of assault and use of deadly weapon)