Judges: Sykes
Filed: Nov. 25, 2015
Latest Update: Mar. 02, 2020
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 14-1836 CHESTER O’QUINN, Petitioner-Appellant, v. TOM SPILLER, Respondent-Appellee. _ Appeal from the United States District Court for the Southern District of Illinois. No. 12-cv-00746-DRH-CJP — David R. Herndon, Judge. _ ARGUED MAY 28, 2015 — DECIDED NOVEMBER 25, 2015 _ Before FLAUM, KANNE, and SYKES, Circuit Judges. SYKES, Circuit Judge. In late October 1997, Chester O’Quinn was charged in Illinois state court with murdering
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 14-1836 CHESTER O’QUINN, Petitioner-Appellant, v. TOM SPILLER, Respondent-Appellee. _ Appeal from the United States District Court for the Southern District of Illinois. No. 12-cv-00746-DRH-CJP — David R. Herndon, Judge. _ ARGUED MAY 28, 2015 — DECIDED NOVEMBER 25, 2015 _ Before FLAUM, KANNE, and SYKES, Circuit Judges. SYKES, Circuit Judge. In late October 1997, Chester O’Quinn was charged in Illinois state court with murdering h..
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In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 14‐1836
CHESTER O’QUINN,
Petitioner‐Appellant,
v.
TOM SPILLER,
Respondent‐Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Illinois.
No. 12‐cv‐00746‐DRH‐CJP — David R. Herndon, Judge.
____________________
ARGUED MAY 28, 2015 — DECIDED NOVEMBER 25, 2015
____________________
Before FLAUM, KANNE, and SYKES, Circuit Judges.
SYKES, Circuit Judge. In late October 1997, Chester
O’Quinn was charged in Illinois state court with murdering
his girlfriend’s one‐year‐old daughter. Forty‐two months lat‐
er his case proceeded to trial and a jury found him guilty. Af‐
ter exhausting his state appeals, O’Quinn filed a federal ha‐
beas petition under 28 U.S.C. § 2254 raising multiple claims
of constitutional error. Only one is relevant here: O’Quinn
contends the pretrial delay violated his Sixth Amendment
2 No. 14‐1836
right to a speedy trial. The district court denied the habeas
petition but granted a certificate of appealability on this sin‐
gle issue.
On O’Quinn’s direct appeal, the Illinois Appellate Court
found the 42‐month delay presumptively prejudicial but
nonetheless rejected his speedy‐trial claim after concluding
that the delay was attributable to continuances requested by
his lawyer and did not impair the defense. That was a rea‐
sonable application of Barker v. Wingo, 407 U.S. 514 (1972),
the controlling Supreme Court precedent for Sixth Amend‐
ment speedy‐trial claims. Accordingly, we affirm the denial
of habeas relief.
I. Background
On October 31, 1997, O’Quinn was arrested and charged
with first‐degree murder for shaking his girlfriend’s thirteen‐
month‐old daughter to death. On November 5 his counsel
filed a speedy‐trial demand. Between his arrest and trial,
however, there were 28 continuances, 23 of which were re‐
quested solely by O’Quinn’s counsel. The trial finally began
on April 2, 2001, three years and five months after O’Quinn
was charged.
Twice during this pretrial delay O’Quinn sent pro se let‐
ters to the court complaining that his counsel had requested
the continuances against his wishes. O’Quinn’s letters sought
removal of his counsel and reasserted his demand for a
speedy trial. The record does not show whether his counsel,
the court, or the prosecutor responded to these letters in any
way.
No. 14‐1836 3
A jury convicted O’Quinn and he was sentenced to
70 years in prison. On direct appeal he argued, among other
things, that the long pretrial delay violated his Sixth
Amendment right to a speedy trial. Applying the test estab‐
lished in Barker, the Illinois Appellate Court determined that
because O’Quinn’s counsel was responsible for the delay, it
was attributable to O’Quinn himself. People v. O’Quinn,
791 N.E.2d 1066, 1071–72 (Ill. App. Ct. 2003). The state court
also concluded that the delay did not prejudice O’Quinn’s
defense. Id. The Illinois Supreme Court denied leave to ap‐
peal.
After exhausting state post‐conviction remedies,
O’Quinn petitioned for federal habeas relief under § 2254.
He raised 11 claims, including a reprise of his Sixth
Amendment speedy‐trial claim. The district judge consid‐
ered and rejected each argument, but he also certified the
speedy‐trial issue for appeal. O’Quinn appealed, and we ap‐
pointed counsel to assist him.1
II. Discussion
As we’ve noted, the sole issue on appeal is whether
O’Quinn’s Sixth Amendment right to a speedy trial was vio‐
lated. We’re not concerned, for example, with whether the
numerous continuance requests by O’Quinn’s trial attorney
amounted to ineffective assistance of counsel. The scope of
our review is further limited by the deferential standard for
federal review of state‐court convictions under § 2254. We
1 The court thanks Thomas L. Shriner, Jr., David J.B. Froiland, and Ryan
N. Parsons, of Foley & Lardner LLP, for accepting the pro bono appoint‐
ment. They have ably discharged their duties.
4 No. 14‐1836
ask only whether the Illinois Appellate Court’s decision was
“contrary to, or involved an unreasonable application of,
clearly established Federal law, as determined by the
Supreme Court of the United States,” or “was based on an
unreasonable determination of facts in light of the evidence
presented in the State court proceeding.” 28 U.S.C.
§ 2254(d)(1), (2).
The right to a speedy trial is guaranteed by the Sixth
Amendment,2 and the Supreme Court’s decision in Barker
provides the framework for evaluating claimed violations of
the right. The Court in Barker identified four factors that bear
on the question whether a particular defendant has been de‐
prived of the right: the “[l]ength of delay, the reason for the
delay, the defendant’s assertion of his right, and prejudice to
the defendant.” 407 U.S. at 530. No factor is “a necessary or
sufficient condition to the finding of a deprivation of the
right.” Id. at 533. Rather, “they are related factors and must
be considered together with such other circumstances as
may be relevant.” Id. This ad hoc, fact‐sensitive balancing
test gives state courts significant latitude to reach reasonable
decisions based on the specific circumstances of each case.
See Vermont v. Brillon, 556 U.S. 81, 91 (2009) (“[T]he balance
arrived at in close cases ordinarily would not prompt this
Court’s review … .”).
2 In relevant part, the Sixth Amendment provides: “In all criminal prose‐
cutions, the accused shall enjoy the right to a speedy and public tri‐
al … .” U.S. CONST. amend. VI. The Sixth Amendment’s guarantee of a
speedy trial in all criminal prosecutions is a fundamental right incorpo‐
rated against the States by the Fourteenth Amendment. See Klopfer v.
North Carolina, 386 U.S. 213 (1967).
No. 14‐1836 5
The first factor in the Barker test is the length of the pre‐
trial delay. This is a double inquiry. First, the length of the
delay operates as a trigger—a delay longer than one year
triggers the full Barker analysis. Second, the length of the de‐
lay is an independent factor—the longer the delay, the more
the presumption of prejudice against the defendant intensi‐
fies. See Doggett v. United States, 505 U.S. 647, 652 (1992).
Here, the Illinois Appellate Court correctly recognized that
the 42‐month delay met the trigger and proceeded to apply
the full Barker analysis. O’Quinn, 791 N.E.2d at 1071–72.
Barker’s second factor examines the reasons for the delay.
This obviously is a highly case‐specific inquiry, but Barker
established a few general principles. 407 U.S. at 531. For ex‐
ample, “[a] deliberate attempt to delay the trial in order to
hamper the defense should be weighted heavily against the
government.” Id. At the other end of the spectrum, “[a] more
neutral reason such as negligence or overcrowded courts
should be weighted less heavily[,] … [and] a valid reason,
such as a missing witness, should serve to justify appropri‐
ate delay.” Id.
O’Quinn argues that his case falls somewhere in the
middle of this spectrum because the State was negligent in
allowing the 28 continuances. This argument overlooks the
basic principle that the actions and decisions of defense
counsel are attributable to the defendant, see Brillon, 556 U.S.
at 92, and in O’Quinn’s case almost all of the delay resulted
from continuances requested by his own lawyer. O’Quinn
apparently disagreed with his attorney’s continuance re‐
quests, but that doesn’t transfer the responsibility for the de‐
lay to the State. Unless the State is responsible for the delay
6 No. 14‐1836
in bringing the defendant to trial, there can be no speedy‐
trial violation. Id. at 93–94.
O’Quinn correctly notes that the Illinois Appellate Court
mistakenly attributed the entire period of delay to the de‐
fense. The court stated that “[t]he record clearly establishes
that defense counsel caused all the pretrial delay, and there‐
fore, the delay must be attributed to [the] defendant.”
O’Quinn, 791 N.E.2d at 1073 (emphasis added). As the par‐
ties now agree, 156 days of delay—approximately five
months of the 42‐month total—were attributable to the pros‐
ecution. So the state court overstated O’Quinn’s responsibil‐
ity for the delay. But this mistake of fact cannot support ha‐
beas relief unless O’Quinn can show that the state court’s de‐
cision was based on it. See § 2254(d)(2) (stating that relief
should not be granted unless the proceedings “resulted in a
decision that was based on an unreasonable determination of
the facts in light of the evidence presented in the State court
proceeding”) (emphasis added); see also Byrd v. Workman,
645 F.3d 1159, 1172 (10th Cir. 2011); Juan H. v. Allen, 408 F.3d
1262, 1270 n.8 (9th Cir. 2005). Because the continuances re‐
quested by O’Quinn’s lawyer accounted for almost all of the
pretrial delay—about 90% of the total—it cannot reasonably
be argued that this modest factual mistake had any mean‐
ingful effect on the state court’s decision. The factual error
had no constitutional significance.
There’s no controversy about the third factor in the Barker
analysis: O’Quinn asserted his right to a speedy trial in two
pro se letters objecting to the continuances. The state court
correctly accounted for this factor. O’Quinn, 791 N.E.2d at
1073.
No. 14‐1836 7
The fourth and final factor looks to whether the defend‐
ant was prejudiced by the delay. Barker, 407 U.S. at 532. In
this context, prejudice is not limited to effects on a defend‐
ant’s trial strategy. Barker explained that the Sixth Amend‐
ment’s speedy‐trial guarantee protects several interests: (1) it
guards against “oppressive pretrial incarceration”; (2) it min‐
imizes the “anxiety and concern of the accused”; and (3) it
“limit[s] the possibility that the defense will be impaired.”
Id. But the “most serious [of these] is the last[] because the
inability of a defendant adequately to prepare his case skews
the fairness of the entire system.” Id.
The Illinois Appellate Court mentioned the intrinsic di‐
mensions of prejudice, noting that O’Quinn “spent a lengthy
amount of time” in pretrial incarceration, which caused
“unnecessary anxiety and concern.” O’Quinn, 791 N.E.2d at
1073–74. But the court’s prejudice analysis focused primarily
on whether the lengthy delay impaired his defense. Id.
O’Quinn had argued that the delay prevented him from call‐
ing his estranged wife as a witness because she died before
trial. The court considered and rejected this argument. The
record revealed that O’Quinn’s attorney had ruled out the
estranged wife as a witness because she would have been
decidedly unhelpful to the defense. Id. (explaining that the
defense attorney had moved to exclude evidence that
O’Quinn had been investigated for abusing his estranged
wife’s children).
O’Quinn doesn’t quarrel with the state court’s reasoning
on this point. He argues instead that the court gave insuffi‐
cient weight to the presumed prejudice arising from a delay
of this length. Although the length of delay both establishes
and intensifies the presumption of prejudice, “the presumed
8 No. 14‐1836
prejudice flowing from a long delay is ‘insufficient to carry a
speedy trial claim absent a strong showing on the other Bark‐
er factors.’” Ashburn v. Korte, 761 F.3d 741, 753 (7th Cir. 2014)
(quoting United States v. Oriedo, 498 F.3d 593, 600 (7th Cir.
2007)). A strong showing of prejudice does not appear in this
record. As important, the vast majority of the pretrial delay
was properly attributed to O’Quinn.
In short, the state court’s decision was not an unreasona‐
ble application of federal law. As such, habeas relief is un‐
warranted.
AFFIRMED.