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Garlington v. O'Leary

decided: July 17, 1989.

EDWARD GARLINGTON, PETITIONER-APPELLANT,
v.
MICHAEL O'LEARY AND NEIL F. HARTIGAN, RESPONDENTS-APPELLEES



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 87 C 871 -- Charles P. Kocoras, Judge.

Cudahy, Easterbrook, and Ripple, Circuit Judges.

Author: Ripple

RIPPLE, Circuit Judge

Edward Garlington, along with two codefendants, was convicted of murder in 1979 after a bench trial in the Circuit Court of Cook County, Illinois. On direct appeal, the Appellate Court of Illinois affirmed the judgment of conviction, see People v. Patterson, 102 Ill. App. 3d 844, 430 N.E.2d 574, 58 Ill. Dec. 542 (Ill.App.Ct. 1981), and the Illinois Supreme Court denied Mr. Garlington's petition for leave to file an appeal. The Illinois courts also rejected Mr. Garlington's petition for post-conviction relief. Mr. Garlington is serving a thirty-year prison term at the Logan Correctional Center in Lincoln, Illinois.

In January 1987, Mr. Garlington filed a pro se petition for a writ of habeas corpus in the United States District Court for the Northern District of Illinois. The district court appointed counsel on his behalf. Mr. Garlington challenged his conviction on several grounds: (1) the state violated his rights under the fourteenth amendment's due process clause as interpreted in Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194(1963), by failing to turn over a police report containing exculpatory evidence;*fn1 (2) his sixth amendment right of confrontation was violated by the introduction at trial of a codefendant's hearsay statement; and (3) the state failed to prove his guilt beyond a reasonable doubt in violation of the due process clause of the fourteenth amendment. The district court granted the state's motion for summary judgment. We now affirm.

I.

Background

Mr. Garlington, along with Eli Wilson and Larry Patterson, was charged with the murder of Renell Hentley. The Appellate Court of Illinois' summary of the facts underlying Mr. Garlington's conviction must serve as the basis of our review. See 28 U.S.C. ยง 2254(d); Sumner v. Mata, 449 U.S. 539, 545-47, 66 L. Ed. 2d 722, 101 S. Ct. 764(1981). We therefore set forth that account.

Yvonne Amos, Garlington's girlfriend at the time of the events in question, was the principal State witness and testified that on January [19],*fn2 1979, the evening prior to Hentley's death, she was informed that Garlington's brother Reginald had been shot in a pool hall. (Reginald died and Garlington was a State witness in the successful prosecution of his two killers.) Amos spent that night at the Garlington home with several others, including Hentley and the defendants. At approximately 8:00 a.m. the following day Garlington instructed her to awaken Hentley and to instruct him to go to Garlington's bedroom. Hentley was followed into the room by defendants and Jimmie Key. Amos heard scuffling noises coming from the bedroom and she heard Hentley say that they had the wrong man. Garlington and Key came out of the bedroom two or three times. On one such occasion Garlington said, "It's going to be all right," to which Key replied, "We're going to take care of him." When the five men came out of the bedroom, Amos described Hentley as having his hair sticking up, a red face, wrinkled clothes, and looking "satisfied." She then saw Wilson, Patterson, Key and Hentley go out the back door. She did not see Garlington go out. About 20 minutes later the men returned without Hentley. One of them took off a black jacket and stuffed it in a box or behind some clothes. Amos testified that she had given several prior statements which conflicted with her trial testimony. She gave these statements out of fear and stated that she was telling the truth at trial.

Kenneth Green, a 12-year-old neighbor, testified for the State that at approximately 10:00 a.m. he saw five men emerge from Garlington's yard. He could identify only Hentley. One of the men punched Hentley while the others surrounded him. Green then saw the man, wearing a black coat, drag Hentley to the garage and strike him over the head with a bottle. At this point Green ran to a neighbor's home at which time he heard 5 or 6 shots. After a few minutes Green returned to the alley where he observed a trail of blood.

Officer Anthony Barry of the Chicago Police Department testified that at 10:10 a.m. he found Hentley dead in the alley. He observed a trail of blood from the body to the alley behind the Garlington residence where he also found a broken bottle. Hentley had $105.00 in his pockets.

Donna Garlington, Garlington's sister, testified for the defense that Amos left the Garlington home at about 2:00 a.m. the morning of Hentley's murder and did not return until that afternoon or evening. She further testified that Hentley himself left the residence about 4:45 a.m. and did not return.

Lillian Ward, a funeral director, visited the Garlington residence to make funeral arrangements. She was there, on January 20, at 9:10 or 9:15 a.m. for about 30 minutes. The atmosphere was quiet, and she heard no fighting or scuffling. She also testified that her notes supported her time sequence.

Patterson, 430 N.E.2d at 576-77. The Appellate Court of Illinois also summarized the testimony of Officer Edward Beale of the Chicago Police Department. Officer Beale testified that, Mr. Garlington, while at the hospital on the night his brother was shot and killed, said to a friend, "Well ...


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