McAFEE v. THURMER

No. 09-1230.

589 F.3d 353 (2009)

Antonio McAFEE, Petitioner-Appellant, v. Michael THURMER, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 8, 2009.


Attorney(s) appearing for the Case

James Rebholz, Attorney (argued), Rebholz & Auberry, Milwaukee, WI, for Petitioner-Appellant.

Daniel J. O'Brien, Attorney (argued), J.B. Van Hollen, Attorney, Office of the Attorney General Wisconsin, Department of Justice, Madison, WI, for Respondent-Appellee.

Before POSNER, MANION, and EVANS, Circuit Judges.


EVANS, Circuit Judge.

The paths of two young people crossed in a Milwaukee alley on a September night in 1996. One was Wendolyn Tanner, the other was Antonio McAfee. Later, a state court judge would observe that the two shared a number of similarities: both were in their late twenties; both were African-American males; both grew up in Milwaukee; both graduated from high school; both served in the military. But that night in 1996, the two men were on different life...

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