Thompkins v. Pierce, No. 10-2467 (7th Cir. 2012)
Annotate this CaseOn December 23, 1980, police found a body in a ditch and another nearby; both had been shot in the head. Months later, an informant implicated Pamela Thompkins; she was arrested and confessed to assisting her former brother-in-law (Willie Thompkins) and a friend in a robbery that became double murder. Willie agreed to talk after receiving Miranda warnings. During interrogation, he took a phone call from an attorney, but continued to talk without invoking his right to counsel; in court for a bond hearing, he confessed. A jury convicted him, based on his confession, eyewitness testimony, and evidence from the scene. He was sentenced to death. After unsuccessful direct appeal and years of state post-conviction proceedings, the Governor commuted the sentences of all death-row inmates, and Thompkins was resentenced to life. He exhausted remaining post-conviction claims. The district court denied federal habeas relief. The Seventh Circuit affirmed. The Illinois Supreme Court did not unreasonably determine the facts or unreasonably apply federal law in holding that the right to counsel had not yet attached when Thompkins confessed, so the trial court properly declined to suppress the confession, or in rejecting a claim of ineffective assistance based on procedural default and lack of factual support.
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