Gilbreath v. Winkleski, No. 20-2638 (7th Cir. 2021)
Annotate this Case
Gilbreath was convicted of first-degree sexual assault of a child for repeatedly molesting his step-granddaughter, S.L., beginning when she was nine years old. Gilbreath argued that he was denied effective assistance of counsel when his attorney failed to investigate S.L.’s claims that she disclosed the assaults to others in the household; impeach S.L.’s testimony denying her motive to lie with her prior statements discussing her behavioral problems and Gilbreath’s interference with her dating life; impeach S.L. with inconsistencies between her various statements; present testimony from family members corroborating Gilbreath’s version of events and establishing S.L.’s character for dishonesty; and present evidence regarding S.L.’s motive to lie. The district court granted his petition for habeas corpus relief.
The Seventh Circuit reversed. The attorney’s explanation of his pre-trial decisions and his strategy as the case unfolded was worthy of being “required reading in every law school trial practice class.” His defense was that S.L. fabricated the allegations; fully aware that a young accuser in a sexual abuse case can be perceived sympathetically by the jury, he sought to demonstrate not that she was a liar but that she was not a reliable witness. Gilbreath failed to demonstrate that the state court’s rejection of a claim of deficient performance was contrary to, or involved an unreasonable application of, clearly established federal law, or was based on an unreasonable determination of the facts in light of the evidence.
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.