United States Seventh Circuit

District court's denial of plaintiff's petition for habeas corpus is affirmed where: 1) the court did not unreasonably apply Strickland in concluding that petitioner's counsel was not ineffective and that he was not prejudiced by the allegedly deficient defense; and 2) it was not unreasonable for the court to conclude that even if plaintiff's counsel objected to the disputed instruction and preserved his argument under Childs, plaintiff could still not show prejudice under Strickland and would not have been resentenced.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Charles M. Schiedel, Attorney (argued), Office of the State Appellate Defender, Springfield, IL, for Petitioner-Appellant.


• For Appellees:
  
• Leah C. Myers, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.