SMOTHERS v. McCAUGHTRY

No. 04-3764.

418 F.3d 711 (2005)

Robert J. SMOTHERS, Petitioner-Appellee, v. Gary R. McCAUGHTRY, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 2005.


Attorney(s) appearing for the Case

Jeremy J. Gaston (argued), Mayer, Brown, Rowe & Maw, Houston, TX, for Petitioner-Appellee.

Warren D. Weinstein (argued), Office of the Attorney General, Department of Justice, Madison, WI, for Respondent-Appellant.

Before BAUER, EASTERBROOK, and MANION, Circuit Judges.


BAUER, Circuit Judge.

Robert Smothers stabbed and killed his friend, Jay Meyer, after an argument. At trial, Smothers claimed that Meyer was choking him, and the stabbing was in self-defense. During closing argument, the prosecutor contrasted Smothers' trial testimony with his demeanor and statements on a 911 call recorded shortly after the stabbing. The jury convicted Smothers of second-degree intentional homicide. Smothers petitioned for a writ of habeas corpus...

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