Dansberry v. Pfister, No. 13-3723 (7th Cir. 2015)
Annotate this CaseDansberry shot and killed 18-year-old Bass during a 1997 attempted armed robbery. An eyewitness saw the crime and Dansberry admitted his culpability. Dansberry entered a “blind” plea of guilty. The court advised Dansberry about the rights he was giving up, the charges, and the range of possible sentences, stating that Dansberry faced a minimum of 20 years in prison up to 90 years, life imprisonment, or death. Dansberry said he understood. The court was incorrect. Dansberry faced a minimum prison term of 26 years, not 20 and a maximum term of 130 years, not 90. The court sentenced him to a total of 80 years. Dansberry later moved to withdraw his plea on the ground that it was involuntary and unknowing and counsel was constitutionally ineffective. After a hearing, the court denied the motion. The evidence showed that the state had pressed for the death penalty. Dansberry’s main concern, according to counsel, was avoiding execution. After losing his Illinois state-court appeal, Dansberry filed a habeas petition under 28 U.S.C. 2254. The Seventh Circuit affirmed denial, finding “harmless error.” It is unlikely, and there was no evidence that Dansberry’s mistaken belief that his minimum sentence was 20 years had any effect on his decision to plead guilty
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