TOLIVER v. POLLARD

No. 11-1577.

688 F.3d 853 (2012)

Stephen TOLIVER, Petitioner-Appellee, v. William POLLARD, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 2012.


Attorney(s) appearing for the Case

Brian P. Mullins (argued), Attorney, Milwaukee, WI, for Petitioner-Appellee.

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

Before POSNER, RIPPLE, and ROVNER, Circuit Judges.


RIPPLE, Circuit Judge.

The State of Wisconsin appeals the district court's decision to grant Stephen Toliver a writ of habeas corpus under 28 U.S.C. § 2254. Mr. Toliver is serving a life sentence for the 1992 murder of Tina Rogers. His petition raises many claims, but here the parties focus on two: whether his trial counsel was constitutionally ineffective because counsel did not call at trial two exculpatory witnesses, and whether the prosecution failed to disclose...

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