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STARKWEATHER v. SMITH

No. 08-2354.

574 F.3d 399 (2009)

Jay STARKWEATHER, Petitioner-Appellant, v. Judy P. SMITH, Warden, Oshkosh Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 2009.

As Corrected on Denial of Rehearing August 7, 2009.

Attorney(s) appearing for the Case

Robert R. Henak, Attorney, Henak Law Office, Milwaukee, WI, for Petitioner-Appellant.

J.B. Van Hollen, Attorney, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before CUDAHY, MANION, and WILLIAMS, Circuit Judges.

CUDAHY, Circuit Judge.

Jay Starkweather was convicted of one count of first degree murder, four counts of attempted murder and one count of reckless endangerment. After his conviction became final, Starkweather commenced this habeas proceeding, claiming that he had been denied effective assistance of counsel. The district court denied Starkweather's petition. We affirm.

I. BACKGROUND

A. Facts

On June 6, 1995, Jay Starkweather set out on...

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