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Johnson v. Thurmer, 07-2628

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By FindLaw Staff on October 18, 2010 3:36 PM

Defendant's conviction for armed robbery affirmed but the Wisconsin rulings of default are not an adequate state ground barring federal habeas review

Johnson v. Thurmer, 07-2628, concerned a challenge to the district court's denial of defendant's request for habeas relief from his conviction for armed robbery and a sentence of 68-years imprisonment.

In affirming, the court held that the Wisconsin rulings of default were not an adequate state ground barring federal habeas review because Wisconsin procedure required the petitioner to travel an inconsistent and confusing path by asserting a claim before the court of appeals that, under established Wisconsin case law, he could not bring initially in that forum because it had not been brought to the attention of the trial court.  However, the court held that defendant's ineffective assistance of counsel claims lack merit.

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