FREDDIE CHASE v. MATT MACAULEY, WARDEN - Articles

All Content

FREDDIE CHASE v. MATT MACAULEY, WARDEN

Posted by: Karen Belcher on Aug 20, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Melissa M. Salinas, Nina Cahill, Maggie Turner, UNIVERSITY OF MICHIGAN LAW SCHOOL, Ann Arbor, Michigan, for Appellant.

Attorneys 2: ARGUED: Scott R. Shimkus, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Melissa M. Salinas, Nina Cahill, Maggie Turner, UNIVERSITY OF MICHIGAN LAW SCHOOL, Ann Arbor, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Jared D. Schultz, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Judge(s): COLE, Chief Judge; BATCHELDER and STRANCH, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Michigan at Detroit

COLE, Chief Judge. Freddie Chase is a habeas petitioner who was sentenced under a Michigan sentencing scheme that allowed judge-found facts to raise his mandatory minimum sentence. The parties agree that this violated Chase’s Sixth Amendment rights as described by the Supreme Court in Alleyne v. United States, 570 U.S. 99 (2013). They dispute, however, whether Chase can overcome the procedural default of his Alleyne claim, as he did not raise this claim on direct appeal. Chase argues that his appellate counsel’s failure to raise an Alleyne claim on direct appeal constituted ineffective assistance of appellate counsel, thereby demonstrating cause and prejudice to excuse any procedural default. We agree. We therefore reverse the judgment of the district court, conditionally grant Chase’s petition for a writ of habeas corpus, and remand to the district court with instructions to remand to the state sentencing court.

Attachments: