United States Seventh Circuit

Where petitioner's only defense was an alibi, he was entitled to an evidentiary hearing to resolve factual disputes about the reasonableness of his defense counsel's decision to forgo interviewing potential alibi witnesses, since such a decision cannot, without some factual basis, be considered a tactical choice entitled to deference.

Appellate Information

• Argued 03/06/2001
• Decided 07/06/2001
• Published 07/06/2001

Judges

• RIPPLE, Circuit Judge., Before FAIRCHILD, CUDAHY and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gordon P. Giampietro,Noah A. Fenceroy (argued), Michael, Best & Friedrich, Milwaukee, WI, for Petitoner-Appellant.


• For Appellees:
  
• Gerald A. Coraz (argued), Office of the U.S. Atty., Indianapolis, IN, for Respondent-Appellee.