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Charles E. Johnson v. Gary R. McCaughtry Warden, Waupun Correctional Institution

Citations: 92 F.3d 585; 1996 U.S. App. LEXIS 20307; 1996 WL 454500Docket: 95-2275

Court: Court of Appeals for the Seventh Circuit; August 13, 1996; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant, convicted of armed robbery, challenged the denial of his habeas corpus petition on the grounds of Sixth Amendment and due process violations. He contended that the jury selection process systematically excluded individuals aged 18-25, violating the fair cross-section requirement. The appellant relied on Duren v. Missouri to argue that this group was distinctive and systematically excluded, but the court found he did not meet the criteria for a prima facie case. The decision emphasized that age-based exclusion claims have been consistently rejected across circuits, and the appellant failed to demonstrate systemic exclusion. Additionally, the appellant contested the reliability of eyewitness identifications, asserting they were impermissibly suggestive. The court evaluated the identifications using a two-part test and concluded that, despite some suggestiveness, the identifications were reliable, applying the reliability factors established by the Supreme Court. Finally, the appellant's claim of ineffective assistance of counsel was dismissed, as he could not show prejudice under the Strickland standard. The appellate court affirmed the district court's denial of the habeas petition, maintaining that the appellant's arguments did not warrant relief under the existing legal standards.

Legal Issues Addressed

Due Process and Suggestive Identification Procedures

Application: Johnson claimed that witness identifications were impermissibly suggestive; the court evaluated the reliability of the identifications based on the totality of circumstances.

Reasoning: Johnson argued that the height bars on his photo in the array made it impermissibly suggestive... However, the court found that the identifications by witnesses Welke and Appleby remained reliable despite the suggestiveness.

Effective Assistance of Counsel

Application: Johnson claimed ineffective assistance of appellate counsel, but failed to demonstrate prejudice under the Strickland standard.

Reasoning: Johnson's claim of ineffective assistance of appellate counsel was dismissed, as the Wisconsin courts had addressed and rejected his claims regarding jury discrimination and photo identification.

Prima Facie Case Under Duren v. Missouri

Application: The court assessed whether Johnson established a prima facie case of systematic exclusion of a distinctive group, ultimately deciding that he failed to demonstrate such exclusion.

Reasoning: Johnson's Sixth Amendment challenge regarding jury composition fails as he cannot demonstrate that the underrepresentation of individuals aged 18-29 on his jury venire resulted from systematic exclusion.

Sixth Amendment and Fair Cross-Section Requirement

Application: Johnson argued that the exclusion of individuals aged 18-25 from the jury pool violated his Sixth Amendment right to a jury representing a fair cross-section of the community.

Reasoning: Johnson challenged the jury selection process, claiming that Commissioner Rentmeester's exclusion of individuals aged 18-25 violated his Sixth Amendment right to a jury representing a fair cross-section of the community.