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LOPEZ v. THURMER

No. 08-2110.

594 F.3d 584 (2010)

Julian LOPEZ, Petitioner-Appellant, v. Michael THURMER, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 2010.

Attorney(s) appearing for the Case

Christopher J. Cherella (argued), Milwaukee, WI, for Petitioner-Appellant.

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

Before FLAUM, MANION, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

A Wisconsin jury convicted Julian Lopez of first-degree intentional murder as a to a crime. See WIS. STAT. §§ 940.01(1)(a), 939.05. Lopez claims that his trial counsel provided ineffective assistance by failing to request, or even discuss with him, a jury instruction on the lesser-included offense of felony murder. After exhausting his state post-conviction remedies, Lopez filed a petition for a writ of habeas corpus. See...

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