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Kaczmarek v. Rednour, 09-2417

By FindLaw Staff on November 17, 2010 1:40 PM

Defendant's petition for habeas relief procedurally defaulted

Kaczmarek v. Rednour, 09-2417, concerned a challenge to the district court's denial of defendant's petition for habeas relief from his 1996 murder conviction.  In affirming, the court held that defendant's Apprendi claim is procedurally defaulted as the State's waiver was unintentional and defendant had an opportunity to address the issue.  Further, defendant cannot establish cause and prejudice for the default, or the potential for a miscarriage of justice.  Lastly, the court held that defendant has forfeited his claim that his sentence violated Apprendi because his indictment did not charge that he was potentially eligible for a sentence enhancement for brutal or heinous conduct.

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