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TOLIVER v. McCAUGHTRY

No. 06-3316.

539 F.3d 766 (2008)

Stephen TOLIVER, Petitioner-Appellant, v. Gary R. McCAUGHTRY, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 2008.

Attorney(s) appearing for the Case

Brian P. Mullins (argued), Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Petitioner-Appellant.

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

Before POSNER, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Stephen Toliver was convicted by a jury of first-degree intentional homicide (as a party to a crime), in violation of sections 940.01 and 939.05 of the Wisconsin Statutes. Mr. Toliver was sentenced to life in prison. After exhausting his state remedies, he filed in the district court a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. The district court denied relief, and Mr. Toliver...

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