Legal Opinion
Fairly W. Earls v. Gary R. McCaughtry Warden
Court of Appeals for the Seventh Circuit
Decided August 16, 2004No. 03-2364PublishedCited by 50 opinions
1Opinion of the Court
BAUER, Circuit Judge.
This habeas corpus appeal arises from Fairly W. Earls’ 1999 convictions for first-degree sexual assault of a child pursuant to Wisconsin Statute § 948.02. Earls appeals, claiming he was denied effective assistance of counsel in violation of his Sixth Amendment rights. We agree and remand this case to the District Court to issue Earls’ writ, unless the State elects to retry him within 120 days.
Background
The facts of this ease arise out of a camping trip that took place over Labor Day weekend in 1997. Among those on the trip were Earls, his wife, and the family of J.M.O.,…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Vonaire T. Washington v. Judy Smith, Warden, Oshkosh Correctional InstitutionCourt of Appeals for the Seventh Circuit · 2000
- State v. HaseltineCourt of Appeals of Wisconsin · 1984
- Steven Anderson v. Roger D. Cowan, WardenCourt of Appeals for the Seventh Circuit · 2000
- Edward L. Ellsworth v. Mark LevenhagenCourt of Appeals for the Seventh Circuit · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Oscar Thomas v. Marc ClementsCourt of Appeals for the Seventh Circuit · 2015
- Martin Woolley v. Dave RednourCourt of Appeals for the Seventh Circuit · 2012
- Jordan v. HeppCourt of Appeals for the Seventh Circuit · 2016
- Oakley Engesser v. Bob DooleyCourt of Appeals for the Eighth Circuit · 2006
- United States v. Fairly EarlsCourt of Appeals for the Seventh Circuit · 2012
45 more not listed; retrieve them via the Exa API.