McNary v. Hardy, No. 11-2759 (7th Cir. 2013)
Annotate this CaseAfter drinking very heavily and accelerating to 80-90 miles per hour on a road with a posted limit of 35 mph, to escape alleged pursuers, McNary woke up in a hospital and learned that he had killed a pedestrian and then two occupants of a vehicle, during a police chase. He claims that he has no memory of speaking to officers at the hospital, of receiving Miranda warnings, or consenting to blood alcohol test. He is serving two life sentences, without the possibility of parole, in an Illinois state prison. State courts rejected arguments of ineffective assistance of counsel, based on failure to prove that McNary was in custody while speaking to officers by eliciting testimony from his sister about her observations at the hospital and eliciting prejudicial testimony from McNary. The district court denied a habeas petition. The Seventh Circuit affirmed, stating that reasonable jurists could not disagree with the conclusion of the Illinois appellate court.
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