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Anthony Reynolds v. Dave Rednour

April 10, 2012

ANTHONY REYNOLDS, PETITIONER,
v.
DAVE REDNOUR, WARDEN,*FN1 RESPONDENT.



The opinion of the court was delivered by: Judge George W. Lindberg

MEMORANDUM OPINION AND ORDER

Before the Court is Anthony Reynolds' petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. For the reasons stated below, the court denies the habeas petition and declines to certify any issues for appeal.

I. Factual Background

The following facts are taken from the February 5, 2010 decision of the Illinois Appellate Court on petitioner's direct appeal. See 28 U.S.C. § 2254(e)(1). On October 18, 2005, Harvey Police detectives Tony Debois and Harvey Lewis responded to a call that shots had been fired. See People v. Reynolds, No. 1-07-1944, slip op. at 6 (Ill. App. Ct. Feb. 5, 2010). When they reached the area in question, a group of residents told the detectives that the offender had gone east. Id. The detectives saw a man walking east, and attempted to stop and interview him. Id. The man pulled a handgun from his waist and pointed it at the detectives. Id. The detectives began to fire on the man, who then fled. Id. The detectives called for backup and chased the man on foot. Id. The detectives testified at trial that as they were chasing the man, they saw him throw the gun. Id. A police sergeant stopped petitioner in a residential yard and took him into custody. Id. at 6-7. Detectives Debois and Lewis later identified petitioner in court as the man who had pulled the gun on them. Id. at 6.

Following a twenty-minute search, another police officer found the gun under a car in a vacant lot. Id. at 7. Detective Debois brought the gun to the police station, sealed it, and turned it over to Detective Dorrough. Id.

On June 23, 2006, while in custody at the Cook County Jail, petitioner was recorded having a telephone conversation with an unidentified woman. Id. at 2-3. During this conversation, petitioner and the woman had the following exchange:

Pet.: Man, you and I both know that Derow [sic] sold me the fucking gun back, man, so how the fuck he gonna sit there and bring a gun to court? That's why I want to go to trial right now, man. Ain't no fucking gun. I know that. The lawyers don't know that shit. That's why, what's why I'm telling you and my father, bogus, man.

Voice: [inaudible] cause your father just told him that when we was up in court

Wednesday.

Pet.: That's why I keep saying my father bogus. He ain't supposed to tell nobody shit.

Voice: Well, he sure told --Pet.: He supposed --Voice: -- the lawyer that he had the gun and if he want you all to bring it up there, he was gonna bring it up there. That's what your father told --Pet.: That's why I keep saying he bogus, man. He know what the fuck going on. He ain't supposed to say nothing. That's why I want a speedy trial. I know ain't no gun in evidence. So if there ain't gun in evidence how you gonna convict? That's what I'm saying. And that's why the state's attorney said they not ready cause they realized ain't no gun in trial cause my lawyer -- my father done told my lawyer the shit and he done told them that. Well, you all don't have no gun, trying, trying to work a deal with them. Now, all of a sudden, they know ain't no gun. That's what the fuck I was saying in court, it's like everybody know what the fuck going on and they ain't suppose to. My only thing is steady coming back in the back talking about, well, yeah, your father he said he gonna use his out of town ID and come holler at you cause he feel like I feel, you need to slow down. I don't need to slow down shit. And [inaudible] he bogus cause he know ain't no gun in evidence.

Id. at 3-5.

On June 28, 2006, Detective Debois was subpoenaed to bring the gun to court. Id. at 7. He was unable to find it, however. Id. The Illinois State Police began an investigation, which ultimately resulted in Detective Dorrough's arrest for removing the gun from evidence. Id. The gun was recovered on October 22, 2006. Id.

The jury found petitioner guilty of unlawful possession of a weapon by a felon, aggravated unlawful possession of a weapon, and of being an armed habitual criminal. Id. Petitioner was sentenced to twenty years in prison for being an armed habitual criminal, and was sentenced to concurrent six-year and ten-year prison terms on the other charges. Id.

II. Procedural Background

Petitioner filed a direct appeal. On February 5, 2010, the Illinois Appellate Court affirmed petitioner's conviction. See Reynolds, No. 1-07-1944, slip op. at 2. On May 26, 2010, the Illinois Supreme Court denied petitioner's petition for leave to appeal. See People v. Reynolds, 932 N.E.2d 1035 (Ill. 2010). The United States Supreme Court denied petitioner's ...


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