United States Seventh Circuit

In a prosecution for first-degree intentional murder as a party to a crime, district court's denial of defendant's petition for habeas relief is affirmed as the court did not unreasonably apply clearly established federal law to the facts of defendant's case on claims that: 1) a state appellate court's application of Strickland to the facts of petitioner's case was unreasonable because the court applied the wrong standard under Wisconsin law to determine whether he was entitled to a felony-murder instruction; and 2) a state appellate court's factual determination that counsel had discussed a felony-murder instruction with him was unreasonable.

Appellate Information

• Argued 03/31/2009
• Decided 02/05/2010
• Published 02/05/2010

Judges

• ROVNER, Circuit Judge., Before FLAUM, MANION, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Christopher J. Cherella, Milwaukee, WI, for Petitioner-Appellant.


• For Appellees:
  
• William L. Gansner, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.