United States Seventh Circuit

In a first-degree murder case, denial of habeas relief on the basis of both ineffective assistance of counsel and a Brady claim is reversed and remanded where: 1) the state court did not resolve factual questions of whether petitioner's trial counsel's performance fell below an objective standard of reasonableness, and whether the prosecutor had received a letter that should have been disclosed as Brady evidence; 2) counsel's failure to introduce certain evidence prejudiced petitioner; and 3) the letter allegedly withheld by the prosecution would have constituted material, exculpatory evidence.

Appellate Information

• Decided 08/27/2008
• Published 08/27/2008

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brian P. Mullins (argued), Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Petitioner-Appellant.


• For Appellees:
  
• William L. Gansner (argued), Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.