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United States Seventh Circuit


Van Patten v. Borgen, 04-1276

Upon remand from the U.S. Supreme Court after the Court's ruling in Carey v. Musladin, 127 S. Ct. 649 (2006), a decision granting a petition for habeas corpus is reinstated where a defendant's right to relief if his defense counsel was actually or constructively absent at a critical stage of the proceedings was not an open constitutional question when the 7th Circuit originally granted the petition.

Appellate Information

  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • PER CURIAM., Before COFFEY, EVANS, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Linda T. Coberly (submitted), Winston & Strawn, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Christopher Wren (submitted), Office of the Attorney General, Madison, WI, for Respondent-Appellee.
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