United States Seventh Circuit

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Ebert v. Gaetz, 09-1627

District court's denial of defendant's petition for habeas relief from his murder and armed robbery conviction is affirmed where: 1) a state court's conclusion that new statements from a witness did not negate its earlier finding of probable cause to arrest defendant was not so erroneous as to be objectionably unreasonable; and 2) defendant's counsel was not constitutionally deficient in failing to file what would have been an unmeritorious motion to quash his arrest and suppress inculpatory statement.

Appellate Information

  • Argued 03/30/2010
  • Decided 06/23/2010
  • Published 06/23/2010


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


  • United States Seventh Circuit


  • For Appellant:
  • Carl P. Clavelli, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Michael R. Blankenheim, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.