ETHERLY v. DAVIS

No. 09-3535.

619 F.3d 654 (2010)

Aris ETHERLY, Petitioner-Appellee, v. Randy DAVIS, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 2010.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc October 15, 2010.


Attorney(s) appearing for the Case

John J. Hamill , Kevin Case (argued), Jenner & Block LLP, Chicago, IL, for Petitioner-Appellee.

Karl R. Triebel (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellant.

Before BAUER, RIPPLE, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

This appeal arises from the district court's decision to grant Aris Etherly's petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. The district court reviewed the Illinois Appellate Court's determination that Etherly's inculpatory statement to the police was voluntary. Based on the applicable "totality of the circumstances" test, the district court ruled such determination by the appellate court was objectively unreasonable. As...

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