Carter v. Douma, No. 13-3312 (7th Cir. 2015)
Annotate this CaseAt Carter’s trial, for possessing between five and 15 grams of cocaine with intent to deliver, an officer testified about his work with an informant who had said Carter was involved in distributing drugs and that he heard the informant call Carter to order cocaine. Carter’s lawyer did not object to the testimony about the informant’s out-of-court statements and actions. During closing argument, the state referred to the informant’s statements and actions, again without objection. Carter sought post-conviction relief, citing the Confrontation Clause right to cross-examine adverse witnesses and arguing that his counsel was ineffective for failing to object to that testimony. The Wisconsin Court of Appeals rejected both claims, finding that the testimony was offered not to show the truth of what the informant said but to explain why the police investigated Carter. Carter filed a habeas corpus petition under 28 U.S.C. 2254 asserting the same theories. The Seventh Circuit affirmed denial. While there is a good argument that Carter’s lawyer should have objected to some of the testimony about the informant and its use during closing argument, Carter did not show prejudice. The court noted Carter’s dramatic efforts to flee and then to dispose of the bags in view of officers.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.