No. 07-3552.

528 F.3d 501 (2008)

Joseph F. RIZZO, Jr., Petitioner-Appellant, v. Judy P. SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 2008.

Attorney(s) appearing for the Case

Terry W. Rose (argued), Rose & Rose, Kenosha, WI, for Petitioner-Appellant.

Marguerite M. Moeller (argued), J.B. Van Hollen, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before FLAUM, KANNE, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Almost a decade ago, Joseph F. Rizzo, who was 58 years old at the time, was convicted, after a jury trial in the Circuit Court of Kenosha County, Wisconsin, on several counts of having sexually assaulted a child. He was sentenced to serve a term of 65 years.

After his conviction, Rizzo embarked on an appellate route that took him first to the trial court on post-trial motions, then to the Wisconsin Court of Appeals which granted his request...

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