United States Seventh Circuit

District court's denial of plaintiff's petition for writ of habeas corpus is affirmed where, although the Wisconsin appellate court applied a methodology based on an unreasonable reading of the decisions of the Supreme Court and thus improperly endorsed the trial court's abnegation of its non-delegable responsibility to determine the appropriate security measures for a jury view of the crime scene, the Wisconsin court did not run afoul of any clearly established principle of federal law when it determined that the security measures taken did not violate plaintiff's federal constitutional right to due process of law, and any error was harmless.

Appellate Information

• Decided 07/22/2009
• Published 07/22/2009

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, MANION and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Erik R. Guenther, Attorney, Colleen D. Ball (argued), Hurley, Burish & Stanton, S.C., Madison, WI, for Petitioner-Appellant.


• For Appellees:
  
• Warren D. Weinstein, Attorney (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.