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.