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OIMEN v. McCAUGHTRY

No. 96-2452.

130 F.3d 809 (1997)

James Arthur OIMEN, Petitioner-Appellant, v. Gary McCAUGHTRY, Warden, Waupun Correctional Institution, and James E. Doyle, Wisconsin Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 1997.

Attorney(s) appearing for the Case

Howard B. Eisenberg (argued), Milwaukee, WI, for Petitioner-Appellant.

Sally L. Wellman (argued), Office of the Atty. General, Wisconsin Dept. of Justice, Madison, WI, for Respondent-Appellee.

Before CUMMINGS, MANION and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

James Oimen was part of an armed robbery gone awry. After his conviction in a Wisconsin state court, and his subsequent appeals, he filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. His petition was denied and he now brings to us a single issue: whether he was denied his right to counsel on his direct appeal, a Due Process right recognized in Evitts v. Lucey, 469 U.S. 387

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