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MILLER v. SMITH

No. 13-1796.

765 F.3d 754 (2014)

Jimmie L. MILLER, Petitioner-Appellant, v. Judy SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 2014.

Attorney(s) appearing for the Case

George C. Lombardi , Kurt A. Mathas , Winston & Strawn LLP Chicago, IL, for Petitioner-Appellant.

Sara Lynn Larson , Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

BAUER, Circuit Judge.

Jimmie L. Miller ("Miller") was charged in Wisconsin state court on June 7, 2004, with First Degree Sexual Assault of a Child. Miller entered a plea of no contest and was sentenced to ten years in prison followed by twenty years of supervised release. In January 2006, Miller filed a notice of intent to pursue post-conviction relief on the basis that he failed to understand his original plea. The court appointed Attorney John J. Grau ("Grau")...

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