United States Seventh Circuit

District court's denial of defendant's petition for habeas relief from a conviction in state court of murder while mentally ill is vacated and remanded as, given the gravity of charge against defendant and the ample evidence that he was driven to kill the victim by an insane delusion, counsel's assistance to defendant fell below the minimum professional level required of a lawyer representing a murder defendant, and as such, defendant is entitled to an evidentiary hearing on the issue of prejudice.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

Court

• United States Seventh Circuit

Counsel