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SMILEY v. THURMER

No. 07-2901.

542 F.3d 574 (2008)

Eric SMILEY, Petitioner-Appellee, v. Michael THURMER, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 2008.

Attorney(s) appearing for the Case

Rex R. Anderegg (argued), Anderegg & Mutschler, Milwaukee, WI, for Petitioner-Appellee.

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

Before RIPPLE, MANION and TINDER, Circuit Judges.

RIPPLE, Circuit Judge.

Eric Smiley was convicted of first degree intentional homicide, in violation of Wisconsin Statutes §§ 940.01(1), 939.63(1)(A) (1997). The Court of Appeals of Wisconsin affirmed his conviction and sentence on direct review, and Mr. Smiley exhausted his state habeas remedies. Mr. Smiley then filed in the district court a petition under 28 U.S.C. § 2254 for a writ of habeas corpus. The district court granted the writ. The State of...

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