United States Seventh Circuit

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Morales v. Boatwright, 08-1153

In habeas proceedings arising from petitioner's conviction of first degree sexual assault of a child, defendant's petition for habeas relief is timely as his second section 974.06 motion did toll the time for filing this appeal. District court's denial of relief is affirmed where: 1) it did not err in dismissing defendant's claim of ineffective assistance of counsel as he suffered no prejudice because the potential outcome at trial would have been the same; 2) district court correctly concluded that defendant should be able to collaterally attack the performance of his counsel if he had no real opportunity to raise the issue on direct appeal; and 3) district court correctly dismissed defendant's remaining ineffective assistance claims as his pleas were knowingly, voluntarily and intelligently entered, and objective evidence reveals that defendant would have accepted the plea deal even if he were aware of the truth-in-sentencing consequences of his crime.

Appellate Information

  • Argued 01/08/2009
  • Decided 09/03/2009
  • Published 09/03/2009

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jerome F. Buting, Attorney, Colleen D. Ball (argued), Buting & Williams, Brookfield, WI, for Petitioner-Appellant.

  • For Appellees:
  • Daniel J. O'Brien, Attorney (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.