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EBERT v. GAETZ

No. 09-1627.

610 F.3d 404 (2010)

John EBERT, Petitioner-Appellant, v. Donald GAETZ, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Carl P. Clavelli, Attorney (argued), Chicago, IL, for Petitioner-Appellant.

Michael R. Blankenheim, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before POSNER, ROVNER, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

A jury in Cook County, Illinois, convicted John Ebert of murder and armed robbery. On direct appeal, the Illinois Appellate Court overturned his convictions after concluding that he was denied the effective assistance of counsel. Ebert was tried again, and the second jury also convicted him. Ebert again challenged his conviction on ineffective assistance grounds, this time alleging that his counsel erred in failing to refile a previously unsuccessful...

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