United States Seventh Circuit

District court's denial of defendant's petition for habeas relief following his conviction for murder and sentence to forty years' imprisonment is affirmed where: 1) some of defendant's ineffective assistance claims were procedurally defaulted as it was clear that a state court's decision to deny defendant's third post-conviction petition did not fairly appear to either rest on, or to be interwoven with, federal law; 2) defendant has not shown that failure to consider these claims will result in miscarriage of justice; and 3) the appellate court's rejection of defendant's preserved ineffective assistance of counsel claim related to his trial counsel's failure to call a witness as an alibi witness was not contrary to or an unreasonable application of clearly established federal law.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• MANION, Circuit Judge., Before POSNER, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Elizabeth C. Scott (argued), Winston & Strawn LLP, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Michael M. Glick, Attorney, Eric M. Levin (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.