Westray v. Brookhart, No. 20-3260 (7th Cir. 2022)
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Westray pleaded guilty to a 1998 murder. He received a death sentence which was later commuted to life imprisonment. In a habeas petition under 28 U.S.C. 2254, he subsequently challenged his confinement, including its duration, claiming ineffective assistance of counsel during sentencing and on remand when he moved to withdraw his guilty plea.
The Seventh Circuit affirmed the denial of his claims. The ineffective assistance of trial counsel claim was presented to the Illinois trial court in Westray’s motion to withdraw his guilty plea, which was denied without comment. It is therefore presumed that the claim was adjudicated on its merits and AEDPA deference applies. Westray has not shown that but for his trial counsel’s allegedly deficient performance on remand, he would have been sentenced to a term of years. Westray cannot prove prejudice and his claim for ineffective assistance of trial counsel fails. No evidentiary hearing was required.
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