No. 20-6835

Otha S. Hamilton v. Dennis Reagle, Warden

Lower Court: Seventh Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights criminal-conviction expert-witness ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence medical-evidence physical-impossibility priapism-surgery witness-testimony
Key Terms:
HabeasCorpus
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investigate the only evidence that could have changed the outcome of the trial, which is the ramification of post ischemic priapism surgery

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Hamilton alleged that his trial counsel was ineffective for failing to investigate his medical procedure for priapism. Mr. Hamilton was convicted upon uncorroborated testimony ; . that he molested his step granddaughter. The omitted medical evidence, along with a professional expert witness would have refuted the State’s witness’s testimony, as incredible, because a physical impossibility exists. In finding no substantial showing of the denial of a constitutional right, the Seventh Circuit relied upon the District court’s order of the State’s court " statement of the facts on appeal, but significantly misstated even that slanted version of the fact. The case thus presents the following questions. 1. Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investigate the only evidence that could have changed the outcome of the trial, which is the ramification of post ischemic priapism surgery. 2. Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when there was insufficient evidence to convict, because at least one element could not have been proved based upon incredible testimony, which is an erect penis that could point straight, the State’s witness’s could not have seen, felt, or experienced what they testified to, which is an essential element necessary for conviction, i

Docket Entries

2021-05-17
Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-01
Petition for Rehearing filed.
2021-03-08
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-10
Waiver of right of respondent Dennis Reagle to respond filed.
2020-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Dennis Reagle
Stephen Richard Creason — Respondent
Otha S. Hamilton
Otha S. Hamilton — Petitioner