Legal Opinion
Antonio McDowell v. Michael Lemke
Court of Appeals for the Seventh Circuit
Decided December 12, 2013No. 12-2967PublishedCited by 131 opinions
1Opinion of the Court
KANNE, Circuit Judge.
Over fifteen years ago, Antonio McDowell was convicted in an Illinois trial court of committing a murder and carjacking on a single December afternoon. Today, he seeks a writ of habeas Corpus, arguing that the processes used to identify him as the perpetrator were fatally flawed. Because we find that he procedurally defaulted these claims by failing to adequately present them before each level of the Illinois courts, we decline to grant his pétition.
I. Background
A.The Murder and Carjacking
At approximately 3:00 PM on December 21, 1996, Martha Castro looked out her window…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Schlup v. DeloSupreme Court of the United States · 1995
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Herrera v. CollinsSupreme Court of the United States · 1993
- Sawyer v. WhitleySupreme Court of the United States · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Floyd Richardson v. Michael LemkeCourt of Appeals for the Seventh Circuit · 2014
- Douglas Hicks v. Randall HeppCourt of Appeals for the Seventh Circuit · 2017
- Thomas v. WilliamsCourt of Appeals for the Seventh Circuit · 2016
- Eric Blackmon v. Tarry WilliamsCourt of Appeals for the Seventh Circuit · 2016
- Walker Whatley v. Dushan ZateckyCourt of Appeals for the Seventh Circuit · 2016
126 more not listed; retrieve them via the Exa API.