Roy Smith v. Richard Brown, No. 12-3731 (7th Cir. 2014)
Annotate this CaseIn 2003, Smith, serving a 90-year sentence for murder, walked behind another inmate and stabbed him several times with scissors. The victim required surgery and was in the hospital for 12 days. The attack was observed by several guards. Facing charges for attempted murder and aggravated battery in LaPorte County, Smith had a court-appointed public defender, Cupp. Smith himself composed numerous motions, which Cupp believed were meritless and did not file. During the next several months, Smith repeatedly complained about Cupp and attempted to act pro se. The trial proceeded over his objections Smith was convicted and sentenced to 34 years in prison, to be served consecutively to his current term. On direct review, the Indiana court of appeals held that “[d]efense counsel did not, for all practical purposes, mount a defense on Smith’s behalf” because he cross-examined only one witness and called none in defense, while objecting only to one potential prosecution exhibit, but that Smith he failed to show any prejudice. The Seventh Circuit affirmed denial of federal habeas relief, stating that Smith’s counsel was particularly deficient, but Smith failed to show how his lawyer’s substandard effort prejudiced his case in light of the overwhelming evidence against him.
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