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United States Seventh Circuit


Malone v. Walls, 06-3235

In a first-degree murder case, denial of habeas relief is reversed and remanded where: 1) an ineffective assistance of counsel claim was not procedurally defaulted; 2) counsel's failure to call a potentially exculpatory witness at trial was prejudicial; and 3) a remand was necessary to determine whether counsel's cumulative errors constituted ineffective assistance.

Appellate Information

  • Argued 01/10/2008
  • Decided 08/18/2008
  • Published 08/18/2008

Judges

  • RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Barry Levenstam, Melanie K. Nelson (argued), Jenner & Block, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Michael R. Blankenheim (argued), Office Of The Attorney General, Chicago, IL, for Respondent-Appellee.
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