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United States Seventh Circuit


Smith v. Gaetz, 07-2713

Denial of plaintiff's habeas petition is affirmed where: 1) plaintiff's ineffective assistance of appellate counsel claim is procedurally defaulted; and 2) plaintiff did not establish that his appellate counsel failed to raise an issue that was both obvious and clearly stronger than the issues counsel did raise.

Appellate Information

  • Argued 12/08/2008
  • Decided 05/04/2009
  • Published 05/04/2009

Judges

  • BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Michael J. Petro, Attorney (argued), Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Russell Kenneth Benton, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.
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