SMITH v. GAETZ

No. 07-2713.

565 F.3d 346 (2009)

Jesse SMITH, Petitioner-Appellant, v. Donald GAETZ, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 2009.


Attorney(s) appearing for the Case

Michael J. Petro, Attorney (argued), Chicago, IL, for Petitioner-Appellant.

Russell Kenneth Benton, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and SYKES, Circuit Judges.


BAUER, Circuit Judge.

Jesse Smith was convicted of first degree murder and three counts of attempted murder on August 31, 1992, following a bench trial in the Circuit Court of Cook County. His conviction was affirmed on direct appeal. Believing that his trial and appellate counsel rendered ineffective assistance, Smith has been pursuing a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied his petition...

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