United States Seventh Circuit

On remand from reversal of district court's grant of habeas relief on defendant's Sixth Amendment claim, district court's conditional grant of defendant's petition for a writ of habeas corpus is affirmed where: 1) defendant's challenge to the state trial court's sentencing process has obvious merit, as the trial court did not consider non-statutory aggravators in the balancing process used to determine defendant's death sentence, obviously in error; and 2) defendant's habeas claims actually before the court are meritless and the claims defendant declined to pursue are waived.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• BAUER, Circuit Judge., Before BAUER, WILLIAMS and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Alan M. Freedman, Midwest Center for Justice, Evanston, IL, Laurence E. Komp, Manchester, MO, for Petitioner-Appellee., James B. Martin, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellant.