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Rever v. Acevedo

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ARGUED AUGUST 4, 2009

Before FLAUM, KANNE, and WOOD,Circuit Judges.

Scott Rever, an Illinois inmate, appeals from the denial of his petition for a writ of habeas corpus. After he was charged with 15 counts related to the kidnap and rape of his ex-girlfriend, Rever was twice found unfit for trial-the second finding came after a suicide attempt-and remanded to a state-run facility for treatment. When officials at the facility issued a report finding him competent to stand trial, his lawyer stipulated to his competence despite the lawyer’s professed failure to understand the report. The court accepted the stipulation and Rever went to trial without a fitness hearing. He was convicted on 11 of the 15 counts and sentenced to 33 years. In an unsuccessful appeal, Rever’s counsel did not mention the lack of a fitness hearing. In post-conviction proceedings, the trial court acknowledged that it should have held a full hearing on Rever’s fitness despite counsel’s stipulation, but found that counsel’s failure to pursue the issue was not prejudicial. After the appellate court affirmed and the state supreme court denied his petition for leave to appeal, Rever filed his federal petition, which the district court denied. We affirm because Rever failed to rebut the state trial court’s factual finding that he presented insufficient evidence to show that appellate counsel’s conduct prejudiced him.

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