United States Seventh Circuit

Grant of a writ of habeas corpus based on a denial of a motion to substitute counsel and for a denial of a motion for a continuance is affirmed where: 1) the trial court made unreasonable findings of fact that the communication between the petitioner and his trial counsel had not broken down; 2) the court of appeals did not look at the evidence presented by petitioner and merely relied on the court's factual findings; 3) the trial court's concern for delay in the trial was so rigid as to be arbitrary; 4) the age of the victim as an excuse not to delay the trial was unpersuasive since the victim did not make his claim until six years after the events took place; and 5) denial of petitioner's right to retain his counsel of choice had an adverse effect on the presentation of his case.

Appellate Information

• Argued 03/31/2008
• Decided 05/19/2008
• Published 05/19/2008

Judges

• EVANS, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robin Shellow, Urszula Tempska (argued), The Shellow Group, Milwaukee, WI, for Petitioner-Appellee., Katherine L. Tripp (argued), Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellant.