Thill v. Richardson, No. 20-2965 (7th Cir. 2021)Annotate this Case
Thill was convicted of sexual contact with A.M.M., his ex‐girlfriend’s eight‐year‐old daughter. A.M.M. testified that Thill had sexually assaulted her; Thill’s semen was found on her underwear. Thill’s defense was that his jilted ex‐girlfriend framed him by saving his semen for over a year, planting it on her daughter’s underwear, and coaching her to make false accusations. While cross‐examining Thill and in closing arguments, the prosecutor referenced Thill’s failure to tell the police during his initial interview that he believed his ex‐girlfriend had the means or motivation to frame him. In postconviction proceedings, Thill argued that the prosecutor impermissibly used his silence after receiving Miranda warnings to impeach him and that his trial counsel was ineffective for failing to object. The Wisconsin Court of Appeals concluded Thill had not demonstrated prejudice.
The Seventh Circuit affirmed, finding that conclusion not contrary to nor an unreasonable application of clearly established federal law. The state court correctly paraphrased Strickland’s prejudice standard and nothing in its analysis suggested it used a standard “‘substantially different’ from or ‘opposite to’” that standard. The state presented significant direct evidence of a specific sexual assault. Thill’s defense had significant holes that extended far beyond his failure to raise this defense to the police; it was “weak and unpersuasive” and largely rested on Thill’s “self‐serving testimony.”