United States Seventh Circuit

District court's denial of plaintiff's petition for habeas relief is affirmed where: 1) district court properly held that plaintiff procedurally defaulted his ineffective assistance of counsel claim based on counsel's dual representation of him and a witness when plaintiff failed to make this argument in his petition to transfer to the Indiana Supreme Court; and 2) the court did not err in finding that the Indiana Court of Appeals was reasonable in determining that under Cuyler, no actual conflict of interest arose out of counsel's dual representation of plaintiff and his co-party in the matter.

Appellate Information

• Argued 04/02/2009
• Decided 05/11/2009
• Published 05/11/2009

Judges

• KAPALA, District Judge., Before BAUER and FLAUM, Circuit Judges, and KAPALA, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jon B. Laramore, Attorney, Matthew G. Morris, Attorney (argued), Baker & Daniels, Indianapolis, IN, for Petitioner-Appellant.


• For Appellees:
  
• Stephen R. Creason, Attorney (argued), Kelly A. Miklos, Attorney, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.