Socha v. Richardson, No. 16-2540 (7th Cir. 2017)
Annotate this CaseIn 2001, Socha, Leonard, and Holm, each forged a stolen check. Holm admitted his forgery and implicated Leonard. Socha’s name was not mentioned. While Leonard was avoiding the police, Holm and Drews left Leonard at Vincent's (Holm's brother) house, dug a grave, then drove Leonard to the grave, murdered and buried him. Socha was 144 miles away, with Holm’s girlfriend, Mrazik, where they were seen in bars. Drews later bragged about the murder to Mrazik, who told a friend, who informed the police. Holm and Drews were arrested. Months later, Mrazik, Drews, and Holm alleged that Socha was involved in the murder plan and entered into plea agreements. Socha was convicted as a party to first-degree intentional homicide. Meanwhile, the police interviewed Swanson, Holm’s cellmate. The recording and interview transcript were turned given to Holm’s counsel, but Socha was not aware of the interview until after his trial. Swanson discussed his impressions that Holm was lying and that Holm’s accusation of Socha was concocted, but also called Socha “a major player in the murder.” Socha knew about the Swanson interview before he filed his appeal and post-conviction motions. The Wisconsin Court of Appeals characterized the Swanson evidence as “inconsequential” and not “very exculpatory.” The Seventh Circuit affirmed denial of habeas corpus relief under 28 U.S.C. 2254, finding the state court decision “not so outlandish as to be unreasonable.”
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