Morgan v. Hardy, No. 10-3155 (7th Cir. 2011)
Annotate this CaseDefendant, convicted of two murders and of the rape and aggravated kidnapping of another individual, unsuccessfully seeking post-conviction relief in state courts. The district court denied a petition for a writ of habeas corpus. The Seventh Circuit affirmed. The Illinois Supreme Court’s determination that recantation by a witness/participant was incredible was not against the clear and convincing weight of the evidence; the court's refusal to consider evidence of other incidents of coercion by the same state agents was not unreasonable within the meaning of 28 U.S.C. 2254(d)(2). Any Brady violation that occurred with the state's failure to disclose pending drug charges against a victim/witness was not material because it would not have changed the outcome. The court also rejected an ineffective assistance of counsel claim, based on the attorney's failure to investigate a defense based on voluntary intoxication and an unreasonable belief of self-defense.
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