United States Seventh Circuit

Denial of petition for a writ of habeas corpus based upon ineffective assistance of counsel during a murder trial is affirmed where: 1) counsel's failure to object to the trial judge's blanket policy requiring restraints constituted ineffective assistance; but 2) fact-finding had established that jurors had not seen the stun belt, and that defendant had therefore suffered no prejudice.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• KANNE, Circuit Judge., Before FLAUM, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Joseph M. Cleary, Hammerle & Allen, Indianapolis, IN, Rhonda R. Long-Sharp (argued), Foster & Long-Sharp, Indianapolis, IN, for Petitioner-Appellant.


• For Appellees:
  
• Andrew K. Kobe (argued), Office of Attorney General, Indianapolis, IN, for Respondent-Appellee.