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RESENDEZ v. SMITH

No. 11-1121.

692 F.3d 623 (2012)

Joshua RESENDEZ, Petitioner-Appellant, v. Brian SMITH, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2012.

Attorney(s) appearing for the Case

Shawn Gebhardt (argued), Attorney, Winston & Strawn LLP, Chicago, IL, for Petitioner-Appellant.

Andrew A. Kobe (argued), Kelly A. Miklos , Attorneys, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before KANNE, WOOD, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Joshua Resendez appeals the district court's dismissal of his petition for a writ of habeas corpus, contending that the State denied him of his constitutional right to counsel in a sentence correction proceeding under Indiana Code § 35-38-1-15. At first blush, this case appears to present the question whether a § 35-38-1-15 proceeding is properly classified as a direct or collateral proceeding for federal habeas purposes. But we need...

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