Welsh v. Dennison
| Decision Date | 17 August 2021 |
| Docket Number | 20 C 5614 |
| Parties | BLAKE WELSH, Petitioner, v. JEFF DENNISON, Warden, Pinckneyville Correctional Center, Respondent. |
| Court | U.S. District Court — Northern District of Illinois |
Petitioner Blake Welsh, a prisoner of Pickneyville Correctional Center filed the present 28 U.S.C. § 2254 petition challenging his guilty plea in state court due to ineffective assistance of counsel. (Dkt. 3). For the reasons set forth below Welsh's petition is denied.
Blake Welsh was arrested on December 7, 2017 and charged with robbing his cousin, Carl Welsh, [1] of $450 with a firearm. (Dkt. 17-8 at 13). Under Illinois law, armed robbery carries a sentence of between 21 and 45 years' imprisonment. (Dkts. 17-8 at 14-17; 17-9 at 35).
On April 19, 2018, represented by his attorney Frank Cece, Welsh filed an answer to discovery and demanded trial. (Dkt. 17-8 at 21, 31-33). Welsh filed two subsequent written demands for trial on May 3, 2018, and June 7, 2018. (Dkt. 17-8 at 36 39). At the May 3, 2018, hearing, Cece indicated the trial would be a bench trial. (Dkt. 17-9 at 10). On June 28, 2018, the date set for trial, the State successfully moved to continue the case to July 10, 2018, which “would be term.” (Dkts. 17-8 at 43; 17-9 at 16-17).
On July 10, 2018, the State reported their witnesses were present, they were ready for the demand, and had tendered an offer to Welsh that morning which he was still considering. (Dkt. 17-9 at 31). The State offered to amend the charges against Welsh to the lesser crime of armed robbery with a bludgeon and a sentence of 13 years at 50% time, amounting to 6.5 years' imprisonment. (Dkt. 17-9 at 35-37). The Court allowed Cece to confer with Welsh regarding the offer. (Dkt. 17-9 at 31-32, 34). After conferring, Cece reported Welsh was “considering a jury” to which the Court requested the jury be brought up. (Dkt. 17-9 at 33). Cece informed the Court his “calendar does not allow a jury today” and was granted another opportunity to confer with Welsh. (Dkt. 17-9 at 33-34). After this second conference, Welsh executed a jury waiver and sought a bench trial that afternoon. (Dkt. 17-9 at 34-35). When asked whether he wished to accept the State's offer, Welsh “shook his head” and the Court granted Cece a third opportunity to confer with Welsh regarding the State's offer. (Dkt. 17-9 at 36-37). Upon returning, Welsh accepted the State's offer, was admonished by the Court, and entered a guilty plea. (Dkt. 17-9 at 37, 47-48).
Represented by Stephen Richards, Welsh moved to withdraw his guilty plea on August 8, 2018, which was amended on October 24, 2018. (Dkt.17-8 at 50-52; 69- 74). In this motion, Welsh alleged he was deprived of effective assistance of counsel when Cece (1) failed to answer ready for a jury trial on July 10, 2018; (2) failed to move to dismiss based on speedy trial grounds; and (3) failed to secure a written recantation of Carl Welsh, the State's principal witness. (Dkt. 17-9 at 69-74). Welsh also claimed factual innocence. (Dkt. 17-9 at 69-74). On August 9, 2018, this time represented by Cece, Welsh filed another motion to withdraw his guilty plea in which he claimed he had inadequate time to consider the plea deal or discuss it with Cece and “felt under pressure to plea[d] guilty.” (Dkt. 17-8 at 55-56).
At the January 8, 2019, evidentiary hearing on the motion to withdraw his guilty plea, Welsh testified that, on December 6, 2017, Carl Welsh voluntarily gave him $450 to settle a debt. (Dkt. 17-10 at 21). As to the July 10, 2018, hearing, Welsh testified he expected the trial would occur that day based on conversations “in the back” with Cece. (Dkt. 17-10 at 16). According to Welsh, Cece said a jury trial would take 3 to 4 days and, due to “other obligations, ” “all he could do was a bench trial, which was one day.” (Dkt. 17-10 at 17). Welsh testified he knew he was facing a minimum sentence of 21 years' imprisonment and his guilty plea was less than that minimum. (Dkt. 17-10 at 28). Welsh explained he pleaded guilty “[b]ecause of what happened in the courtroom between [his] father's side of the family, the family trying to fight [his] cousins, which is on [his] mother's side of the family[.]” (Dkt. 17-10 at 18). Following the hearing, the trial court denied Welsh's motion, finding the speedy trial term was a “nonissue” and Welsh's plea was voluntary. (Dkt. 17-10 at 46-47).
The Illinois Appellate Court upheld the trial court's decision on December 31, 2019. (Dkt. 17-1 ¶ 1). On May 27, 2020, the Supreme Court of Illinois denied Welsh's petition for leave to appeal. (Dkt. 17-6).
Welsh filed the instant petition for habeas corpus pursuant to 28 U.S.C. § 2254 on September 22, 2020. (Dkt. 1). In his habeas petition, Welsh argues Cece's failure to answer ready for a jury trial at the July 10, 2018, hearing rendered his assistance ineffective and the Illinois Appellate Court misapplied federal law in rejecting his claim. (Dkt. 3 at 9, 11).
As the Illinois Appellate Court adjudicated Welsh's claims on the merits, habeas review is subject to the highly deferential standard established by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Davis v. Ayala, 576 U.S. 257, 269 (2015); (Dkt. 18 at 4). Welsh is not entitled to habeas relief unless:
The adjudication of the claim . . . resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States[.]
28 U.S.C. § 2254(d)(1); (Dkt. 18 at 4). A state court unreasonably applies federal law where it (1) identifies the applicable legal principle but unreasonably applies it to the facts of the case or (2) unreasonably refuses to extend a principle to a context in which it should apply. Goudy v. Basinger, 604 F.3d 394, 399 (7th Cir. 2010). Clear error by the state court is insufficient to render an adjudication unreasonable. Perez-Gonzalez v. Lashbrook, 904 F.3d 557, 562 (7th Cir. 2018). A state court's decision is reasonable so long as “fairminded jurists could disagree on the correctness” of the decision. Harrington v. Richter, 562 U.S. 86, 101 (2011); see also Perez-Gonzalez, 904 F.3d at 563. This standard is highly deferential to the state court and deliberately difficult to meet. Perez-Gonzalez, 904 F.3d at 562; see also Dassey v. Dittmann, 877 F.3d 297, 302 (7th Cir. 2017).
Claims of ineffective assistance of counsel, such as Welsh's petition, face another layer of deference beyond that owed by habeas review. Hicks v. Hepp, 871 F.3d 513, 526 (7th Cir. 2017) () (quoting Burt v. Titlow, 571 U.S. 12, 15 (2013)). To demonstrate his right to counsel was violated by ineffective assistance, Welsh must meet the two-part standard set forth in Strickland v. Washington. 466 U.S. 668 (1984); Hill v. Lockhart, 474 U.S. 52, 58 (1985) (); U.S. v. Smith, 989 F.3d 575, 581 (7th Cir. 2021).
To satisfy Strickland, Welsh must demonstrate both constitutionally deficient performance on the part of his counsel and that he suffered prejudice as a result. Fayemi v. Ruskin, 966 F.3d 591, 593 (7th Cir. 2020). The performance prong of Strickland requires Welsh to show that Cece's representation fell below an objective standard of reasonableness. Lafler v. Cooper, 566 U.S. 156, 163 (2012); see also Smith, 989 F.3d at 581. The habeas court “must apply a ‘strong presumption' that counsel's representation was within the ‘wide range' of reasonable professional assistance.” Harrington, 562 U.S. at 104 (quoting Strickland, 466 U.S. at 689). To satisfy the prejudice prong, Welsh must “show a ‘reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.'” Smith, 989 F.3d at 581 (quoting Lee v. U.S., 137 S.Ct. 1958, 1965 (2017)). Failure to meet either one of the Strickland prongs is fatal to Welsh's claim. Strickland, 466 U.S. at 697.
The Illinois Appellate Court correctly articulated the Strickland standard: Welsh “must establish that counsel's performance fell below an objective standard of reasonableness and [Welsh] was prejudiced by counsel's substandard performance.” (Dkt. 17-1 ¶ 21). To warrant habeas relief, the Illinois Appellate Court's application of Strickland must be so erroneous as to be objectively unreasonable. Rhodes v Dittmann. 903 F.3d 646, 655 (7th Cir. 2018).
Welsh argues Cece's performance was constitutionally ineffective because, due to scheduling constraints, he failed to answer ready for a jury trial at the July 10, 2018 hearing. (Dkt. 3 at 12). Welsh has not identified, and the Court cannot find, precedent indicating this behavior is such a deviation from prevailing professional norms so as to render Cece's representation constitutionally incompetent. See Harrington, 562 U.S. at 105. Nor was the Illinois Appellate Court's application of Strickland in reaching its holding on the matter of Cece's performance unreasonable. The Illinois Appellate Court conducted a thorough review of the relevant facts of the July 10, 2018, hearing. (Dkt. 17-1 ¶¶ 23-27). In addition to finding Welsh was properly admonished by the trial court and entered into his plea knowingly and voluntarily, the Illinois Appellate Court noted Cece conferred with Welsh three times, answered ready for a bench trial, and secured a plea offer to a reduced charge and a sentence below the minimum available if...
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