Welch v. Hepp, No. 14-1164 (7th Cir. 2015)
Annotate this CaseArmed men were robbing Milwaukee businesses, wearing dark sweatshirts and ski masks. Officers saw three men approach a store in dark clothing, with hoods pulled over their faces. One attempted to enter, while the others stood watch. They found the doors locked and fled. As officers pursued them, two jumped into a running car driven by a fourth person. The third man fled on foot. The car, registered to Welch, led police on a high-speed chase before being stopped. Police discovered Welch hiding under a car near the store. In his first trial, Welch was convicted of four counts. In the nine-day second trial, he was found guilty of eight counts of armed robbery, conspiracy, fleeing an officer, and bail-jumping. The jury heard testimony from three accomplices, five others linking him to the robberies, two forensic experts, 12 police officers, and 20 victims. Two officers referred to other criminal charges against Welch. After exhausting his appeals, Welch sought relief under 28 U.S.C. 2254 asserting that admission of those statements violated his right to a fair trial and that his counsel was ineffective for not contesting them. The Seventh Circuit affirmed denial of relief, finding reasonable the Wisconsin appellate court’s conclusion that any error in admitting the statements was harmless, given the quantity and quality of evidence against Welch.
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