United States Seventh Circuit

Petition for writ of habeas corpus is denied where: 1) petitioner had the capacity to waive counsel; 2) such waiver was voluntarily and knowingly given; 3) the stand-by counsel's lack of participation in mitigation proceedings did not constitute ineffective assistance of counsel; and 4) there was no clear error with the district court's determination that petitioner was not prejudiced by the state's alleged withholding of evidence.

Appellate Information

• Argued 02/10/2006
• Decided 08/11/2006
• Published 08/11/2006

Judges

• KANNE, Circuit Judge., Before POSNER, RIPPLE, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Barry Levenstam, Laura E. Pelanek, David E. Walters (argued), Jenner & Block, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• David H. Iskowich, Claire E. Labbe (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.