Payne v. Basinger, No. 10-1869 (7th Cir. 2011)
Annotate this CaseIn pleading guilty to four felony charges, defendant admitted that he had forcibly detained a 17-year-old boy, threatening to kill him if he resisted or tried to escape, and raped him. Charges that defendant had raped a 13-year-old boy were dismissed. The Indiana state judge imposed a sentence of 50 years in prison in light of defendant’s prior felony convictions. Direct appeal and collateral attack in state court were unsuccessful. Defendant claimed ineffective assistance of counsel, in that his attorney did not explain the possible sentence before he accepted a plea. A federal district judge denied habeas corpus. The Seventh Circuit affirmed. Although defendant may have established prejudice by claiming that he would have demanded a trial, if correctly informed, the state judge gave him the information allegedly omitted by defense counsel.
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