United States Seventh Circuit

District court's grant of death row inmate's habeas petition is reversed because prosecutor's offer to forego seeking the death penalty if defendant would agree to a bench trial did not penalize defendant for exercising his constitutional right to a jury trial. State supreme court properly examined and rejected defendant's claim that he was incompetent to waive post-conviction proceedings.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• BAUER, Circuit Judge., Before BAUER, WILLIAMS and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Alan M. Freedman, Midwest Center for Justice, Evanston, IL, Laurence E. Komp, Manchester, MO, for Petitioner-Appellee., James B. Martin, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellant.