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HAYES v. BATTAGLIA

No. 03-3074.

403 F.3d 935 (2005)

Clarence HAYES, Petitioner-Appellant, v. Deirdre BATTAGLIA, Warden, Stateville Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 2005.

Attorney(s) appearing for the Case

Todd G. Vare (argued), Barnes & Thornburg, Indianapolis, IN, for Petitioner-Appellant.

J. Paul Hoffman (argued), Office of the Attorney General Civil Appeals Division, Chicago, IL, for Respondent-Appellee.

Before FLAUM, Chief Judge, and EASTERBROOK and WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

In this collateral attack under 28 U.S.C. § 2254, Clarence Hayes, serving a life sentence for murder, contends that his lawyer during the state proceedings furnished ineffective assistance. He also contends that the state courts made several errors that justify relief. The district court held that the ineffective-assistance claim had been defaulted when Hayes failed to present it to the state's appellate courts, either on direct appeal...

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