Campbell v. Harrington
Filing
16
OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 12/23/2016:Mailed notice(rj, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
STEVE CAMPBELL,
Petitioner,
v.
STEPHANIE DORETHY, Warden,
Hill Correctional Center, 1
Respondent.
)
)
)
)
)
)
)
)
)
)
No. 13 C 9298
Judge Sara L. Ellis
OPINION AND ORDER
Petitioner Steve Campbell, who is currently incarcerated at Hill Correctional Center, is
serving a thirty-eight-year sentence for first degree murder, which was imposed concurrent with
a six-year sentence for aggravated discharge of a firearm. Campbell has petitioned this Court for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Campbell alleges that (1) his trial counsel
was ineffective in failing to argue during trial and sentencing that Campbell suffered from mental
illness when he committed the crimes, and (2) his appellate counsel was ineffective for failing to
raise trial counsel’s failure to assert the mental illness issue. Because Campbell procedurally
defaulted the issue with respect to his trial counsel’s failure to raise his mental health at trial and
the remaining grounds fail on the merits, the Court denies Campbell’s petition and declines to
issue a certificate of appealability.
BACKGROUND
The state court’s factual findings are presumed to be correct for the purposes of habeas
review, as Campbell has not presented clear and convincing evidence to the contrary. See 28
1
Stephanie Dorethy is presently the warden at Hill Correctional Center and is substituted as the proper
Respondent in this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004); Bridges v. Chambers, 425
F.3d 1048, 1049–50 (7th Cir. 2005); Rule 2(a) of the Rules Governing Section 2254 Cases in the United
States District Courts.
U.S.C. § 2254(e)(1); Schriro v. Landrigan, 550 U.S. 465, 473–74, 127 S. Ct. 1933, 167 L. Ed. 2d
836 (2007); McManus v. Neal, 779 F.3d 634, 649 (7th Cir. 2015). Furthermore, the Court has
reviewed the record and confirmed that it supports the state court findings. The Court therefore
begins by summarizing the following facts relevant to Campbell’s petition, as drawn from the
state court record.
I.
Campbell’s Trial and Conviction
Following a bench trial, the state trial court judge convicted Campbell of the first degree
murder of his former girlfriend Sheila Hudson, and of aggravated discharge of a firearm for
shooting at Hudson’s brother, Chris.
The evidence at trial showed that Hudson and Campbell had been in a romantic
relationship for approximately ten years prior to the murder and had three children together.
Campbell had also been in a relationship with another woman, Brenda Brooks, at the same time.
At the time of the murder, Campbell was no longer in a relationship with Hudson but was still
seeing Brooks. Campbell testified that he was angry that Hudson was spending time with gay
people and exposing his children to these individuals. Hudson also had a new boyfriend, Darren
Robinson, at the time of the murder.
On the morning of the murder, September 9, 1998, Campbell went looking for Hudson.
He eventually learned that she was at a store at Grand and Central in the Belmont Central
neighborhood in Chicago, Illinois. Robinson was also with her at the store.
Mark Murray, a store worker, who had known Campbell for five years, testified that
Campbell came into the store carrying a gun, ran up to Hudson, and grabbed her arm. Murray
testified that Campbell said something to the effect of “Come on, bitch. You are coming with
me.” Doc. 12-1 at 360. Hudson declined, after which Campbell pulled out the gun and fired,
2
standing approximately a foot from Hudson as he shot. Although the first shot went into the
floor, the second shot struck Hudson in the stomach. Campbell then turned and put the gun to
Murray’s head. But the gun did not fire, as it apparently jammed. Campbell then said, “Mark, I
can’t shoot you,” and ran out of the store. Id. at 361.
A second worker in the shop, Michael Giddens, also testified that when he heard the
gunshots, he looked up and saw Campbell holding the gun. Hudson’s boyfriend, Robinson, also
testified that he was present at the store when Campbell approached and shot Hudson. Robinson
recalled Campbell saying to Hudson something to the effect of “I told you I was going to kill
[you] if you leave me.” Id. at 363; Doc. 12-2 at 10. As Campbell began shooting, Robinson fled
to a neighboring store to call for help.
Robinson’s cousin, Cecilia Woods, also testified. She had driven Hudson and Robinson
to the store and was waiting outside in the car. Campbell, who knew Woods, asked her where
Hudson was before going into the store. Woods responded that she did not know and then saw
Campbell walk into the store. Five minutes later, people started running out of the store
screaming. Woods went into the store and saw Hudson’s body on the ground. Woods then saw
Campbell leave the store and drive off in his car.
Campbell testified that he was depressed and drinking heavily the night before the
shooting. He claimed that he continued to drink heavily as early as 9:00 a.m. on the morning of
the shooting. Woods, however, testified that Campbell’s eyes were not bloodshot, and she did
not smell alcohol on him when he approached her before going into the store. Campbell further
testified that he was hearing voices when he entered the store. He conceded that he pulled out
the gun in the store and admitted that the gun went off when he was holding it. But he claimed
the gun was pointed at the floor and that he then dropped the gun. Campbell stated he was a “in
3
a daze, shaking” when the gun fired. Doc. 12-1 at 308. Campbell also claimed that he blacked
out after the shooting.
After shooting Hudson, Campbell drove to her brother’s house, where he found Chris,
Hudson’s brother, on the front porch. Campbell confronted Chris, asking him why he had lied
about Hudson. Campbell fired a shot at Chris, which missed Chris but struck the porch stairs.
Campbell then drove off.
Campbell eventually made his way to Brooks’ mother’s house, where Brooks found him
intoxicated. But Brooks testified that prior to the shooting, she had not seen Campbell drinking
nor had she smelled alcohol on him. Campbell said to Brooks, “Brenda, Brenda, help me. . . . I
tried to shoot Sheila in the leg . . . but the gun got jammed up and I think I shot her in the
stomach.” Id. at 193. Brooks also testified that Campbell said, “Y’all don’t know what Sheila
was doing. . . . She was hanging out in gay bars and having my children with lesbians and she
was prostituting and she was just hanging out.” Id. at 196. Campbell was taken to the hospital
later that day, where the treating emergency room doctor determined that he had a blood alcohol
level of .157 and mild metabolic acidosis due to intoxication. After the police arrested
Campbell, they searched Brooks’ mother’s house and found the murder weapon there.
Campbell received a mental health evaluation prior to trial. The evaluating psychiatrists
opined that Campbell was both legally sane when he committed the crimes and that he was fit to
stand trial with medication. The psychiatrists noted that Campbell was taking Zoloft, an
antidepressant, at the time of their evaluation. They also noted that Campbell’s medical records
suggested an altered mental state when he was admitted to a hospital emergency room later on
the day of the murder but that this was due to his consumption of alcohol after the crime.
4
The psychologists opined that Campbell’s claims of psychotic symptoms “are not
credible and they are strongly contradicted by his record.” Doc. 12-2 at 316, 318. The report
went on to state that “[t]here is a possibility of mild depression,” but that Campbell “does not
suffer [from] any major mental disease or defect.” Id. Although Campbell was diagnosed with
possible alcohol abuse, depression, and borderline personality disorder, there was an additional
diagnosis of malingering.
Defense counsel argued at trial that Campbell did not intend to shoot Hudson. Instead,
defense counsel emphasized Campbell’s testimony that he was “in a fog, a daze,” “distraught”
over what was happening to his children, and had been drinking to address his depression. Id. at
350–51. Defense counsel pointed out that Campbell drank so much that he ended up in the
hospital. He also argued that Campbell had initially carried the gun for self-defense purposes
because he was concerned that Robinson might attack him, although there is no evidence in the
record that Robinson or anyone else attempted to attack Campbell on the day of the shootings.
The trial court, as the finder of fact, rejected Campbell’s testimony in finding Campbell
guilty:
[Campbell] testified at length . . . for over an hour as to all of his
excuses about how this was an accident and he didn’t mean to
shoot Sheila and the gun just went off accidentally and he was
having hallucinations, he was drunk and on and on and on it goes.
The only thing consistent about his testimony on direct and crossexamination was how unbelievable it was in its totality.
[Campbell] lied on the witness stand. This was a cold and
calculated and brutal tragedy caused by [Campbell]. He shot down
the mother of his three children because of his jealousy and his
rage. The evidence overwhelmingly establishes that fact.
5
Id. at 364. 2 In finding Campbell guilty, the trial court noted that the “evidence is overwhelming”
and Campbell was “caught red-handed for lack of a better way of describing it.” Id. at 358–59.
The court found the state’s witnesses to be credible and concluded that Campbell was not
intoxicated when he committed the crimes but only began drinking after murdering Hudson and
shooting at her brother.
Following Campbell’s conviction, a presentence investigation report was prepared, which
detailed Campbell’s background and included the results of his pretrial mental health exams,
which explained that he had depression but was not suffering from a major mental health issue.
At sentencing, defense counsel suggested that the court should impose a sentence below the
maximum because Campbell’s actions were an “abnormality.” Id. at 386. Counsel argued that
some unknown trigger in Campbell’s life had caused this incident. Counsel also referenced the
“psychological report” that was “contained in his presentence report” as perhaps providing
insight into Campbell’s conduct. Id.
In imposing a thirty-eight-year sentence on the first degree murder conviction and a
concurrent six-year sentence on the aggravated discharge of a firearm conviction, the trial court
explained that it had reviewed the presentence investigation report and considered counsel’s
arguments. Although the court noted its surprise that Campbell had acted as he had in light of
his background, it characterized Campbell’s conduct as “one of the most horrific crimes that has
been brought to this Court’s attention while assigned to the Criminal Division.” Id. at 391.
II.
Direct Appeal
Campbell filed a direct appeal with the Illinois Appellate Court, but his appointed counsel
sought to withdraw pursuant to Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct.
2
The Court must defer to the finder of fact’s credibility determinations. See Marshall v. Lonberger, 459
U.S. 422, 434, 103 S. Ct. 843, 74 L. Ed. 2d 646 (1983) (federal courts have “no license to redetermine
credibility of witnesses whose demeanor has been observed by the state trial court, but not by them”).
6
1396 (1967), arguing that no issues of merit existed warranting argument on appeal. The Illinois
Appellate Court agreed. Doc. 12-4. Campbell did not file a petition for leave to appeal (“PLA”)
with the Illinois Supreme Court.
III.
State Post-Conviction Proceedings
Campbell filed a petition for post-conviction relief pursuant to 725 Ill. Comp. Stat. 5/122-
1. Campbell asserted that (1) his trial counsel was ineffective at sentencing for failing to argue
mental illness as a mitigating factor, and (2) his appellate attorney was ineffective for failing to
argue that his trial counsel was ineffective at sentencing. The trial court denied the petition.
Campbell appealed to the Illinois Appellate Court. The Illinois Appellate Court found that
neither of Campbell’s claims had merit and affirmed. People v. Campbell, No. 1-11-0094, 2013
IL App (1st) 110094-U, 2013 WL 3947810 (2013). In so ruling, the appellate court noted that
there were records in which Campbell claimed that he had experienced auditory hallucinations in
1996, had attempted suicide multiple times, and had been prescribed medication for his
depression. Id. at *1. However, the court also noted the existence of other records from the
same time period in which Campbell denied any emotional or mental health issues. Id. at *2. In
rejecting Campbell’s claims, the appellate court explained that the presentence investigation
report detailed Campbell’s mental health history, so trial counsel was not ineffective for failing
to raise information already before the sentencing judge. Id. at *5–6. Because there was no
ineffective assistance of trial counsel at sentencing, it followed that appellate counsel could not
be ineffective for failing to raise the issue on appeal. Id. at *6.
Campbell filed a PLA with the Illinois Supreme Court, which the Illinois Supreme Court
denied. Campbell then filed the present habeas corpus petition with this Court.
7
LEGAL STANDARD
A habeas petitioner is entitled to a writ of habeas corpus if the challenged state court
decision is either “contrary to” or “an unreasonable application of” clearly established federal
law as determined by the United States Supreme Court or if the state court decision “was based
on an unreasonable determination of the facts in light of the evidence presented in the State court
proceeding.” 28 U.S.C. § 2254(d)(1)-(2). A state court decision is “contrary to” clearly
established federal law “if the state court arrives at a conclusion opposite to that reached by [the
Supreme] Court on a question of law” or “if the state court confronts facts that are materially
indistinguishable from a relevant Supreme Court precedent and arrives at a result opposite to [the
Court].” Williams v. Taylor, 529 U.S. 362, 404–05, 120 S. Ct. 1495, 146 L. Ed. 2d 389 (2000).
An “unreasonable application” of federal law occurs if the state court correctly identified the
legal rule but unreasonably applied the controlling law to the facts of the case. See id. at 407.
Whether a state court’s application of Supreme Court precedent is unreasonable is judged by an
objective standard. Id. at 409; Winston v. Boatwright, 649 F.3d 618, 624 (7th Cir. 2011).
ANALYSIS
Campbell has asserted two grounds for relief: (1) trial counsel was ineffective in failing
to introduce evidence of mental illness at trial and to argue mental illness as mitigation at
sentencing, and (2) appellate counsel was ineffective in failing to argue trial counsel’s
ineffectiveness on appeal. Respondent argues that Campbell has procedurally defaulted his
claim concerning trial counsel’s ineffectiveness in failing to introduce evidence of mental illness
as substantive evidence at trial. Respondent also argues that Campbell is barred from relitigating
the remaining claims because the Illinois Appellate Court’s decisions on those claims were not
contrary to or an unreasonable application of clearly established Supreme Court law.
8
I.
Procedural Default
A petitioner must fairly present his claims to all levels of the Illinois courts to avoid
procedural default. See O’Sullivan v. Boerckel, 526 U.S. 838, 845, 848, 119 S. Ct. 1728, 144 L.
Ed. 2d 1 (1999). The petitioner must present the operative facts and controlling law of the claim
before the state courts so that they have a meaningful opportunity to consider the claim before it
is raised in federal court. Anderson v. Benik, 471 F.3d 811, 814 (7th Cir. 2006). To be “fairly
presented,” a claim must be brought forth on one complete round of state court review, either on
direct appeal or in post-conviction proceedings. Lewis v. Sternes, 390 F.3d 1019, 1025 (7th Cir.
2004). In Illinois, this means appeals up to and including the filing of a PLA to the Illinois
Supreme Court. O’Sullivan, 526 U.S. at 845–46; Duncan v. Hathaway, 740 F. Supp. 2d 940,
945 (N.D. Ill. 2010). When a petitioner has failed to present his federal claim to the state courts
and the opportunity to raise that claim has subsequently passed, the petitioner has procedurally
defaulted his claim and cannot present it for federal habeas review. Gonzales v. Mize, 565 F.3d
373, 380 (7th Cir. 2009).
Furthermore, although ineffective assistance of counsel is a single claim, Campbell must
have raised the particular factual basis for each aspect of his ineffective assistance of counsel
claim to preserve the respective argument. Pole v. Randolph, 570 F.3d 922, 934–35 (7th Cir.
2009). “A bare mention of ineffective assistance of counsel is not sufficient to avoid a
procedural default; [the petitioner] must have ‘identif[ied] the specific acts or omissions of
counsel that form the basis for [his] claim of ineffective assistance.’” Johnson v. Hulett, 574
F.3d 428, 432 (7th Cir. 2009) (second alteration in original) (quoting Momient-El v. DeTella, 118
F.3d 535, 541 (7th Cir. 1997)). Thus, Campbell “cannot argue one theory [of ineffective
9
assistance of counsel] to the state courts and another theory, based on different facts, to the
federal court.” Id.
Campbell did not raise his argument that trial counsel was ineffective for not raising his
mental health during trial through one complete round of state court review. On direct appeal,
Campbell did not exhaust any claims because he failed to bring a PLA. On post-conviction
review, Campbell only raised his trial counsel’s alleged ineffective assistance as to the failure to
raise his mental health issues as a mitigating factor at sentencing. He did not argue trial
counsel’s alleged failure to raise the issue of his mental health during trial. Thus, Campbell has
procedurally defaulted the argument.
A petitioner may nonetheless pursue a procedurally defaulted claim if he can establish
cause for the default and actual prejudice as a result of the alleged violation of federal law or can
demonstrate that the Court’s failure to consider the claim will result in a fundamental miscarriage
of justice. Johnson v. Loftus, 518 F.3d 453, 455–56 (7th Cir. 2008). Cause exists where “some
objective factor external to the defense impeded [the petitioner’s] efforts to comply with the
State’s procedural rule.” Strickler v. Greene, 527 U.S. 263, 283 n.24, 119 S. Ct. 1936, 144 L.
Ed. 2d 286 (1999) (citation omitted) (internal quotation marks omitted). Prejudice exists where
the petitioner shows that the violation of his federal rights “worked to his actual and substantial
disadvantage, infecting his entire trial with error of constitutional dimensions.” Lewis, 390 F.3d
at 1026 (quoting United States v. Frady, 456 U.S. 152, 170, 102 S. Ct. 1584, 71 L. Ed. 2d 816
(1982)). The fundamental miscarriage of justice exception is “limited to situations where the
constitutional violation has probably resulted in a conviction of one who is actually innocent.”
Dellinger v. Bowen, 301 F.3d 758, 767 (7th Cir. 2002). This requires new, reliable evidence of
the petitioner’s innocence in light of which “no juror, acting reasonably, would have voted to
10
find him guilty beyond a reasonable doubt.” Woods v. Schwartz, 589 F.3d 368, 377 (7th Cir.
2009) (quoting Schlup v. Delo, 513 U.S. 298, 329, 115 S. Ct. 851, 130 L. Ed. 2d 808 (1995)).
Campbell cannot excuse his procedural default under either the cause and prejudice or the
fundamental miscarriage of justice exceptions because he does not set forth any argument on
either point in his reply. See Crockett v. Hulick, 542 F.3d 1183, 1193 (7th Cir. 2008); United
States ex rel. Bell v. Pierson, 267 F.3d 544, 555 n.6 (7th Cir. 2001).
For completeness, the Court notes that it does not appear that the exceptions to
procedural default would apply. Examples of cause include: (1) interference by officials making
compliance impractical, (2) the factual or legal basis for the claim was not reasonably available
to counsel, or (3) ineffective assistance of counsel. Guest v. McCann, 474 F.3d 926, 930 (7th
Cir. 2007). The first two categories are not applicable to this case. As to ineffective assistance
of counsel to excuse the default, Campbell must also raise an ineffective assistance of counsel
argument regarding the failure to properly preserve his underlying ineffective assistance of
counsel argument. Edwards v. Carpenter, 529 U.S. 446, 453, 120 S. Ct. 1587, 146 L. Ed. 2d 518
(2000); Smith v. Gaetz, 565 F.3d 346, 352 (7th Cir. 2009). Campbell did not raise such a claim
of ineffective assistance of counsel through one complete round of state court review, 3 however;
therefore, this claim is also defaulted and cannot be used to save his ineffective assistance of
counsel for failure to introduce mental health evidence at trial claim. 4 See Gray v. Hardy, 598
F.3d 324, 330 (7th Cir. 2010) (“But to use the independent constitutional claims of ineffective
assistance of trial and appellate counsel as cause to excuse a procedural default, [petitioner] was
3
The only appellate counsel issue asserted in the state courts was appellate counsel’s alleged failure to
raise the mental health issue at sentencing.
4
Additionally, as explained later in the Court’s opinion, all of Campbell’s ineffective assistance of trial
and appellate counsel arguments are meritless.
11
required to raise the claims through one full round of state court review, or face procedural
default of those claims as well.”).
Finally, the principles set forth in Martinez v. Ryan, --- U.S. ----, 132 S. Ct. 1309, 182 L.
Ed. 2d 272 (2012), and Trevino v. Thaler, --- U.S. ----, 133 S. Ct. 1911, 185 L. Ed. 2d 1044
(2013), are inapplicable because state law did not require Campbell to raise the underlying
ineffective assistance of counsel claim on collateral review. Long v. Butler, 809 F.3d 299, 314–
15 (7th Cir. 2015); Nash v. Hepp, 740 F.3d 1075, 1079 (7th Cir. 2014); Toliver v. Pfister, No. 13
C 8679, 2014 WL 4245788, at *5 (N.D. Ill. Aug. 27, 2014).
This leaves Campbell with the fundamental miscarriage of justice (actual innocence)
gateway to excuse his default, which is a “demanding” and “seldom met” standard. McQuiggin
v. Perkins, --- U.S. ----, 133 S. Ct. 1924, 1928, 185 L. Ed. 2d 1019 (2013). Campbell must
present new, reliable evidence that he did not present at trial—such as exculpatory scientific
evidence, trustworthy eyewitness accounts, or critical physical evidence—to make a credible
claim of actual innocence. House v. Bell, 547 U.S. 518, 537, 126 S. Ct. 2064, 165 L. Ed. 2d 1
(2006); see also McDowell v. Lemke, 737 F.3d 476, 483-84 (7th Cir. 2013) (“[A]dequate
evidence is ‘documentary, biological (DNA), or other powerful evidence: perhaps some nonrelative who placed him out of the city, with credit card slips, photographs, and phone logs to
back up the claim.’” (quoting Hayes v. Battaglia, 403 F.3d 935, 938 (7th Cir. 2005))). Campbell
has presented no new evidence to suggest he is actually innocent. Thus, Campbell cannot excuse
his procedural default.
II.
Substantive Merits of Campbell’s Claims
Turning to the substantive merits of Campbell’s ineffective assistance claims, the
controlling Supreme Court decision is Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052,
12
80 L. Ed. 2d 674 (1984). In order to establish constitutionally ineffective assistance of counsel,
Campbell must show (1) “that counsel’s representation fell below an objective standard of
reasonableness” and (2) “that there is a reasonable probability that, but for counsel’s
unprofessional errors, the result of the proceeding would have been different.” Id. at 688, 694.
In considering the first prong, the Court indulges “a strong presumption that counsel’s conduct
falls within the wide range of reasonable professional assistance” and may not let hindsight
interfere with its review of counsel’s decisions. Id. at 689. As for prejudice, a “reasonable
probability” is “a probability sufficient to undermine confidence in the outcome.” Id. at 694. To
show prejudice with respect to his sentence, Campbell must show that but for counsel’s errors,
“there is a reasonable probability that he would have received a different sentence.” Griffin v.
Pierce, 622 F.3d 831, 844 (7th Cir. 2010). That probability is determined by evaluating “the
totality of the available mitigation evidence—both that adduced at trial, and the evidence
adduced in the habeas proceeding” and “reweig[hing] it against the evidence in aggravation.”
Porter v. McCollum, 558 U.S. 30, 41, 130 S. Ct. 447, 175 L. Ed. 2d 398 (2009) (quoting
Williams, 529 U.S. at 397–98). The Court need not address both prongs of the Strickland test if
one provides the answer; that is, if the Court determines that the alleged deficiency did not
prejudice Campbell, it need not consider the first prong. Ruhl v. Hardy, 743 F.3d 1083, 1092
(7th Cir. 2014). “The standards created by Strickland and § 2254(d) are both ‘highly
deferential,’ and when the two apply in tandem, review is ‘doubly’ so.” Harrington v. Richter,
562 U.S. 86, 105, 131 S. Ct. 770, 178 L. Ed. 2d 624 (2011) (citations omitted). Campbell has the
burden to demonstrate ineffective assistance of counsel. Id. at 104.
13
A.
Evaluating Counsel’s Performance as a Whole
Before turning to Campbell’s individual arguments, the Court notes that it is required to
evaluate counsel’s performance as a whole when considering an ineffective assistance of counsel
argument. Smith, 565 F.3d at 353. At the outset, the Court points out that there is nothing in the
record to suggest that Campbell ever suffered from a major mental illness, as he claims. The
experts who examined Campbell prior to trial opined that, at the most, he suffered from alcohol
abuse, depression, and borderline personality disorder. These experts were aware of his prior
medical records in which he claimed to hear voices and attempted to commit suicide, as well as
Campbell’s other records in which he denied having any mental health problems. The
psychiatrists suggested that Campbell’s claims that he heard voices were likely false, and that he
was a malingerer. There is nothing in the record to suggest that their diagnoses were inaccurate
or that Campbell’s medical history is incomplete. Campbell has thus failed to meet his burden to
show ineffective assistance because there is nothing in the record to suggest that he was suffering
from a mental illness that contributed to his crime or should mitigate his punishment, as he
claims.
Furthermore, despite the fact that experts cast serious doubts on Campbell’s mental
health assertions, defense counsel still explored the issue of Campbell’s mental health both at
trial and during sentencing. Campbell testified on his own behalf, asserting that he heard voices
when committing the crimes, was depressed, and had been abusing alcohol. Defense counsel
thus presented Campbell’s mental health to the finder of fact who, in turn, rejected Campbell’s
testimony as not credible. Campbell’s mental health was also discussed at length in the
presentence investigation report that the trial court considered prior to sentencing. The
sentencing court explicitly stated that it had reviewed the presentence report in full, and defense
14
counsel referenced the report during sentencing. The sentencing judge was fully aware of
Campbell’s allegations of his mental health issues.
Despite the lack of evidence that Campbell heard voices or otherwise suffered from a
major mental health issue, defense counsel still put the State to its burden of proving the case
beyond a reasonable doubt. Defense counsel attempted to suggest that the shooting might have
been an accident, and that Campbell did not form the requisite intent due to drinking alcohol and
being depressed. 5 This was proper in light of the experts’ reports suggesting that they did not
believe Campbell’s claim that he heard voices and that he only suffered from minor depression.
See United States v. Cronic, 466 U.S. 648, 657 n.19, 104 S. Ct. 2039, 80 L. Ed. 2d 657 (1984)
(noting that defense counsel cannot create a defense when one does not exist but should still hold
the prosecution to its burden of proof). Defense counsel also attempted to argue that Campbell’s
actions were out of character for mitigation purposes at sentencing. In sum, Campbell cannot
demonstrate ineffective assistance of counsel at either trial or sentencing when reviewing
counsel’s performance as a whole. Finally, appellate counsel cannot be faulted for failing to
raise the issues on appeal when trial counsel cannot be faulted for his performance at trial and
sentencing. See Stone v. Farley, 86 F.3d 712, 717 (7th Cir. 1996) (“Failure to raise a losing
argument, whether at trial or on appeal, does not constitute ineffective assistance of counsel.”);
Guy v. Butler, No. 14 C 08581, 2015 WL 6165147, at *9 (N.D. Ill. Oct. 19, 2015) (appellate
5
Defense counsel’s focus on intoxication was also a reasonable trial strategy. Voluntary intoxication is
an affirmative defense in Illinois if it is so extreme as to suspend all reason. McNary v. Lemke, 708 F.3d
905, 920–21 (7th Cir. 2013) (citations omitted). Campbell claimed that he had been drinking a significant
amount the night before and the day of the shooting. He had also been found to be disoriented due to his
intoxication when taken to the hospital after the shooting. Unfortunately for Campbell, the trial court
concluded, based on Brooks’ and Woods’ testimony, that he only began drinking after the crimes.
Although defense counsel’s efforts were ultimately unsuccessful, his trial strategy of focusing, in part, on
Campbell’s intoxication, was reasonable.
15
counsel’s failure to argue that trial counsel was ineffective does not constitute ineffective
assistance where underlying ineffective assistance of trial counsel claim is meritless).
B.
Campbell’s Individual Arguments
Turning to Campbell’s individual arguments, Campbell first argues that his trial counsel
was ineffective for failing to raise the mental health issue at trial. Although as discussed above
Campbell procedurally defaulted this issue, it also would fail on the merits. Trial counsel did
raise the mental health issue to the extent possible despite the fact that there is no factual support
in the record for Campbell’s assertions that he suffered from a major mental health issue.
Further, Campbell’s claims of hearing voices would not have helped him avoid conviction at
trial. The psychiatric experts concluded that Campbell was sane at the time of the crime and
competent to stand trial. There is nothing in the record to rebut these factual findings of sanity
and competency. Nor does Campbell argue that he acted in self-defense. In sum, Campbell
believes that his alleged history of mental illness should mitigate his liability for his crimes.
However, “[e]vidence of a longstanding mental illness is not a mitigating factor in the crime of
murder, and therefore proof that [a defendant] was suffering from schizophrenia or another
mental illness would not allow a jury to convict him of second degree murder rather than first
degree murder.” Gutierrez v. Anglin, 706 F.3d 867, 872–73 (7th Cir. 2013) (citing People v.
McDonald, 769 N.E.2d 1008, 1019, 329 Ill. App. 3d 938, 264 Ill. Dec. 171 (2002)).
Instead, to mitigate a first degree murder charge to second degree, Campbell had to either
(1) act under sudden and intense passion resulting from serious provocation by the individual
killed, or (2) have an unreasonable belief in the need for self-defense. 720 Ill. Comp. Stat. 5/9-2;
Gutierrez, 706 F.3d at 873. There is nothing in the record to suggest that Campbell was acting in
16
response to either sudden provocation or in self-defense. Campbell thus cannot demonstrate
ineffective assistance counsel at trial.
The Court likewise rejects Campbell’s argument that counsel was ineffective for failing
to raise the mental health issue at sentencing. In adjudicating this argument, the Illinois
Appellate Court properly identified the Strickland standard. Campbell, 2013 WL 3947810, at
*4. Thus, the appellate court’s decision is not “contrary to” clearly established federal law. The
appellate court’s decision was also not an unreasonable application of Strickland. Campbell was
not prejudiced by counsel’s performance at sentencing, for as the appellate court recognized, the
relevant mental health information was presented to the sentencing court in the presentence
investigation report. Moreover, the information was of minimal value to Campbell as it
suggested he had suffered from minor depression and questioned his claim that he was hearing
voices. The sentencing court explained it had reviewed the presentence investigation report in
full and therefore had all the information before it. Defense counsel also referenced the mental
health information in the presentence report during his argument at sentencing. As previously
mentioned, Campbell’s argument is based on a belief that he suffered from a mental illness that
could have changed the outcome of his trial and sentence. But the record shows that Campbell
was not suffering from a significant mental illness, and the court was aware of all relevant
information when it imposed Campbell’s sentence. The Court denies Campbell’s claim of
ineffective assistance of counsel at sentencing. 6
6
It should be noted that Campbell did not raise in the state courts, and does not argue in the present
habeas corpus petition, that his trial counsel was ineffective for failing to investigate his mental health.
The Court recognizes that defense counsel has an obligation to thoroughly investigate a defendant’s
background in order to discover relevant mitigating information. Porter, 558 U.S. at 39–40 (2009). In
the instant case, however, there is no allegation by Campbell, or any suggestion in the record, that there
was any mitigating information that defense counsel failed to uncover. As discussed above, the
information in the record fails to support Campbell’s claim of mental illness, and despite this, the mental
17
Finally, the Court rejects Campbell’s argument of ineffective assistance of appellate
counsel for failing to challenge trial counsel’s performance. Appellate counsel cannot be faulted
for failing to raise losing issues on appeal. Whitehead v. Cowan, 263 F.3d 708, 731 (7th Cir.
2001); United States ex rel. Murithi v. Butler, No. 14-v-3090, 2015 WL 1399511, at *12 (N.D.
Ill. Mar. 23, 2015) (“Because the underlying errors Petitioner alleges were committed by trial
counsel do not constitute ineffective assistance . . . it follows that the failure to base an appeal on
such conduct is also not ineffective assistance.”). The state court properly denied this argument
as well.
CERTIFICATE OF APPEALABILITY
Pursuant to Rule 11(a) of the Rules Governing § 2254 Cases, the Court must issue or
deny a certificate of appealability when it enters a final order adverse to a petitioner. A habeas
petitioner is entitled to a certificate of appealability only if he can make a substantial showing of
the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S. Ct.
1029, 154 L. Ed. 2d 931 (2003) (citing 28 U.S.C. § 2253(c)(2)). To make a substantial showing,
the petitioner must show that “reasonable jurists could debate whether (or, for that matter, agree
that) the petition should have been resolved in a different manner or that the issues presented
were ‘adequate to deserve encouragement to proceed further.’” Slack v. McDaniel, 529 U.S.
473, 484, 120 S. Ct. 1595, 146 L. Ed. 2d 542 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880,
893 n.4, 103 S. Ct. 3383, 77 L. Ed. 2d 1090 (1983)). The requirement of a certificate of
appealability is a threshold issue and a determination of whether one should issue neither
requires nor permits full consideration of the factual and legal merits of the claims. “The
health issue was still raised through Campbell’s testimony at trial, and to the sentencing judge via the
presentence investigation report.
18
question is the debatability of the underlying constitutional claim, not the resolution of that
debate.” Miller-El, 537 U.S. at 342.
For the reasons stated above, the Court finds that no showing of a substantial
constitutional question for appeal because reasonable jurists would not find this Court’s rulings
debatable. See Lavin v. Rednour, 641 F.3d 830, 832 (7th Cir. 2011) (citing Slack, 529 U.S. at
484–85)). Accordingly, the Court declines to issue a certificate of appealability.
CONCLUSION
For the foregoing reasons, the Court denies Campbell’s petition for a writ of habeas
corpus pursuant to 22 U.S.C. § 2254 and declines to certify any issues for appeal under 28
U.S.C. § 2253(c).
Campbell is advised that this is a final decision ending his case in this Court. If Campbell
wishes to appeal, he must file a notice of appeal with this Court within thirty days of the entry of
judgment. See Fed. R. App. P. 4(a)(1). Campbell need not bring a motion to reconsider this
Court’s ruling to preserve his appellate rights. Motions for reconsideration serve a limited
purpose and are only appropriate to bring to the Court’s attention a manifest error of law or fact
or newly discovered evidence. Bordelon v. Chicago Sch. Reform Bd. of Trs., 233 F.3d 524, 529
(7th Cir. 2000). A motion for reconsideration “is not appropriately used to advance arguments or
theories that could and should have been made before the district court rendered a judgment.”
County of McHenry v. Ins. Co. of the W., 438 F.3d 813, 819 (7th Cir. 2006) (citation omitted)
(internal quotation marks omitted); see also Matter of Reese, 91 F.3d 37, 39 (7th Cir. 1996) (a
Rule 59(e) motion does not “enable a party to complete presenting his case after the court has
ruled against him” (quoting Frietsch v. Refco, Inc., 56 F.3d 825, 828 (7th Cir. 1995))).
19
However, if Campbell wishes the Court to reconsider its judgment, he may file a motion
under Federal Rule of Civil Procedure 59(e) or 60(b). Any Rule 59(e) motion must be filed
within 28 days of the entry of this judgment. See Fed. R. Civ. P. 59(e). The time to file a motion
pursuant to Rule 59(e) cannot be extended. See Fed. R. Civ. P. 6(b)(2). A timely Rule 59(e)
motion suspends the deadline for filing an appeal until the Rule 59(e) motion is ruled upon. See
Fed. R. App. P. 4(a)(4)(A)(iv). Any Rule 60(b) motion must be filed within a reasonable time
and, if seeking relief under Rule 60(b)(1), (2), or (3), must be filed no more than one year after
entry of the judgment or order. See Fed. R. Civ. P. 60(c)(1). The time to file a Rule 60(b)
motion cannot be extended. See Fed. R. Civ. P. 6(b)(2). A Rule 60(b) motion suspends the
deadline for filing an appeal until the Rule 60(b) motion is ruled upon only if the motion is filed
within 28 days of the entry of judgment. See Fed. R. App. P. 4(a)(4)(A)(vi).
Dated: December 23, 2016
______________________
SARA L. ELLIS
United States District Judge
20
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?