United States Seventh Circuit

Denial of a habeas corpus petition based on claims of ineffective assistance of counsel is vacated and remanded where: 1) appellate counsel's failure to raise appropriate claims regarding sentencing constituted ineffective assistance, but 2) a remand was necessary to determine whether petitioner was prejudiced by this failure.

Appellate Information

• Argued 04/22/2008
• Decided 07/30/2008
• Published 07/30/2008

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, EVANS and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Heather H. Martin, Mayer Brown, Washington, DC, for Petitioner-Appellant.


• For Appellees:
  
• Kit R. Morrissey, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Respondent-Appellee.