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MALINOWSKI v. SMITH

No. 06-3037.

509 F.3d 328 (2007)

Joseph M. MALINOWSKI, Petitioner-Appellant, v. Judy P. SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Robert R. Henak (argued), Milwaukee, WI, for Petitioner-Appellant.

Katherine L. Tripp (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before MANION, KANNE, and WOOD, Circuit Judges.

MANION, Circuit Judge.

Joseph Malinowski was convicted in Wisconsin state court of second degree sexual assault of a child and repeated sexual assault of a child. After exhausting his state court remedies, Malinowski filed a petition for habeas corpus in the district court, claiming his constitutional rights were violated because the state court prohibited the victim's school counselor from testifying at his criminal trial. The district court denied Malinowski's petition...

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