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GARCIA v. HEPP

No. 21-3268.

65 F.4th 945 (2023)

Nelson GARCIA, Jr., Petitioner-Appellee, v. Randall HEPP, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 2023.

Attorney(s) appearing for the Case

Pamela Moorshead , Attorney, Office of the Wisconsin State Public Defender, Milwaukee, WI, for Petitioner-Appellee.

John A. Blimling , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellant.

Before Scudder, St. Eve, and Kirsch, Circuit Judges.

Wisconsin police officers placed Nelson Garcia in a lineup after a court commissioner found probable cause for his arrest and set bail. Garcia did not have counsel at the lineup. State prosecutors used the ensuing eyewitness identification against Garcia in his trial for bank robbery. The Wisconsin Court of Appeals affirmed...

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