Emerson v. Shaw

SYKES, Circuit Judge.

Dennis Emerson is serving a term of life imprisonment after a former Illinois gover nor commuted his death sentence, which stems from a murder he committed during an armed robbery. Emerson has petitioned for a writ of habeas corpus under 28 U.S.C. § 2254, claiming that his counsel at his sentencing hearing was ineffective and that he should be resentenced. He argues specifically that his counsel should have objected to the sentencing court’s response to a question from the jury and also that his counsel should have offered the judge a more explicit answer to the jury’s…