Lewis v. Zatecky, No. 20-1642 (7th Cir. 2021)Annotate this Case
In a 1999 incident, Hale told Lewis to kill Rogers. Lewis handed his revolver to Mays, who shot Rogers multiple times, fatally. Lewis, Hale, and Mays collected drugs and money and fled. Lewis, represented by Attorney Raff, refused to consider plea offers. Lewis was convicted. At sentencing. the court found no mitigating circumstances—none being asserted by the defense—and sentenced Lewis to the maximum aggregate sentence of 130 years' imprisonment. Lewis’s appeal was unsuccessful.
In post‐conviction proceedings, the state conceded that Raff “basically did not do any advocacy" at sentencing but argued that he could not have made a difference. Other witnesses at the post‐conviction hearing spoke about a diagnosis of bipolar disorder, associated substance abuse, physical abuse by Lewis's mother’s boyfriends, mental disorders in other family members, and attempted suicide. The state appellate court concluded that Lewis was not prejudiced by the deficient performance of counsel.
The Seventh Circuit reversed the denial of habeas relief. The decision of the last responsible state court was contrary to Supreme Court precedent, in holding that “Strickland,” not “Cronic,” furnished the applicable rule, While the Indiana Court of Appeals was not unreasonable in finding that Lewis had not been prejudiced by his attorney’s substandard performance, prejudice need not be shown. Raff gave up on Lewis and left him entirely without the assistance of counsel at the sentencing stage of a felony murder case.