United States Seventh Circuit

Grant of defendant's petition for writ of habeas corpus in a capital murder case is affirmed where a state court's determination that there was no Fifth Amendment violation by the prosecutor was an unreasonable determination in light of the evidence, and its harmless error analysis was an unreasonable application of clearly-established, federal law.

Appellate Information

• Argued 10/27/2004
• Decided 12/13/2005
• Published 12/13/2005

Judges

• WILLIAMS, Circuit Judge., Before FLAUM, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John N. Gallo, Kelly Huggins (argued), Sidley Austin Brown & Wood, Chicago, IL, for Petitioner-Appellee., James B. Martin (argued), Andrew K. Kobe, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellant.