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Lynn Dorsey v. James Greer
Citations: 23 F.3d 410; 1994 U.S. App. LEXIS 17980; 1994 WL 176218Docket: 92-2359
Court: Court of Appeals for the Seventh Circuit; May 9, 1994; Federal Appellate Court
Seventh Circuit Rule 53(b)(2) prohibits citing unpublished orders as precedent, except for specific legal doctrines. In the case of Lynn Dorsey v. James Greer, No. 92-2359, the petitioner appeals a district court's denial of his habeas corpus petition under 28 U.S.C. Sec. 2254. Dorsey was convicted in 1978 for aggravated battery and attempted murder of his wife, with convictions upheld on direct appeal, and a subsequent post-conviction petition was unsuccessful. Although Dorsey withdrew an appeal related to the post-conviction petition, the court chose to address the merits of his federal habeas claim. Dorsey contends the indictment was flawed for not specifying he used a fireplace poker in the assault. However, the indictment was amended prior to trial to include this detail, meeting Illinois law requirements and providing sufficient notice for defense preparation. He also asserts a denial of the right to counsel of choice due to a court injunction preventing the release of his bail money, which he intended to use for hiring an attorney. The court determined that jurisdiction over the bail funds was appropriate and noted that the freezing did not infringe upon Dorsey’s constitutional rights. Lastly, Dorsey challenges the sufficiency of the evidence against him. The appellate court emphasized that they would not grant relief unless no rational jury could have found the evidence sufficient to support the convictions beyond a reasonable doubt, as established in Jackson v. Virginia. Defendant physically assaulted his wife, striking her with fists, a fireplace poker, and kicking her down the stairs, ultimately causing her to lose consciousness. He delayed seeking medical attention for 12 hours. A nurse reported that the defendant admitted to severely beating his wife during a call to the emergency room. Upon police arrival, the victim was found unconscious and covered in bruises. At the hospital, she was in critical condition, suffering from brain swelling and other severe injuries, requiring significant medical procedures including a craniectomy. The victim regained consciousness after 79 days of hospitalization but remained paralyzed. The defense attempted to challenge the victim's credibility regarding a past phone call, but the court found it irrelevant to the case. The court properly denied habeas relief on these grounds. Furthermore, the Illinois Appellate Court did not consider the defendant's supplemental pro se brief, but the defendant did not claim ineffective assistance of counsel regarding this issue. The court also rejected the argument that the verdicts for attempted murder and aggravated battery were inconsistent, aligning with Illinois law. Lastly, the defendant's request for co-counsel status in post-conviction proceedings was denied, as there is no right to counsel in such cases. Consequently, the district court’s denial of the habeas corpus petition was affirmed. Oral arguments were deemed unnecessary.