United States Seventh Circuit

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George v. Smith, 07-3011

Denial of a petition for habeas relief brought by a defendant convicted of sexual assault and false imprisonment is affirmed as defendant's ineffective assistance of counsel claim is rejected as he failed to offer some basis for the court to believe that a witness was available to testify to the victim's sexual orientation and that there was a reasonable probability that this witness's testimony would have made a difference in the outcome of the trial.

Appellate Information

  • Argued 01/08/2009
  • Decided 10/27/2009
  • Published 10/27/2009

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Christie O. Tate (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Petitioner-Appellant., Larry George, pro se.

  • For Appellees:
  • William L. Gansner (argued), J.B. Van Hollen, Office of the Attorney General, Wisconsin Dept. of Justice, Madison, WI, for Respondent-Appellee.
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