Gage v. Richardson, No. 19-2002 (7th Cir. 2020)
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A Wisconsin jury found Gage guilty of repeatedly sexually assaulting his daughter, H.R.G., when she was a child. Gage asserted that his trial counsel was ineffective for failing to interview and present testimony from his son and mother, Josh and Nancy. Gage was living with Nancy at the time of the assaults and most of the assaults occurred on Nancy's property. The state appellate court concluded that Gage was not prejudiced by his trial counsel’s failure to call those witnesses because their testimony in post-conviction proceedings concerned only matters such as the layout of Nancy's house.
The Seventh Circuit affirmed the denial of habeas relief. The state court’s decision was not an unreasonable application of clearly established federal law, despite its incorrect recitation of the "Strickland" prejudice standard. The state court’s analysis focused on the consistency between Josh’s and Nancy’s testimony at the post-conviction hearing and H.R.G.’s testimony at trial, which can reasonably
be interpreted as “whether the proffered testimony could have affected the outcome,” or its likely impact on the verdict. The state court noted that Josh’s and Nancy’s testimony did not undermine H.R.G.’s testimony in any significant way.
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