United States Seventh Circuit

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GIBBS v. VANNATTA, 01-2246

A habeas petitioner showed that his appellate lawyer's performance fell below the minimum level of competent representation where a defendant was facing a 30-year habitual offender sentence, but failed to show a sufficient likelihood of success with a competent lawyer.

Appellate Information

  • Argued 04/14/2003
  • Decided 05/21/2003
  • Published 05/21/2003


  • POSNER, Circuit Judge., Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • David D. Pope (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • James B. Martin (argued), Office of Atty. General, Indianapolis, IN, for Respondent-Appellee.