Frazier v. Varga

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Just days after his release from prison in 1995, Frazier entered the apartment of a 62-year-old woman and attempted to rob her at gunpoint. The woman distracted Frazier, struggled for the gun, and eventually fled. Frazier received a bullet wound. Frazier was convicted of home invasion and received an enhances sentence of 60 years because of the victim’s age. After failing to obtain relief from the conviction and sentence in the state courts, Frazier unsuccessfully sought federal habeas corpus relief under 28 U.S.C. 2254. The Seventh Circuit affirmed denial of his petition, rejecting Frazier’s sole claim on appeal: that his trial lawyer was ineffective by failing to warn him he faced a potentially longer sentence based on the victim’s age. That claim was not presented in the district court. Arguments in a federal habeas petition which were not raised to the district court are not properly raised for the first time on appeal. View "Frazier v. Varga" on Justia Law