2015 Supreme(US)(ca7) 447
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Sykes
Chester O'Quinn – Appellant
Versus
Tom Spiller – Respondent
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 sp