Legal Opinion
Emmanuel Page v. Matthew J. Frank
Court of Appeals for the Seventh Circuit
Decided September 11, 2003No. 02-2622PublishedCited by 81 opinions
1Opinion of the Court
RIPPLE, Circuit Judge.
Emmanuel Page appeals the denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. The district court held that the last decision rendered on the merits by the state courts, the Court of Appeals of Wisconsin’s decision of May 19, 1999, was based on an independent and adequate state procedural ground and therefore barred collateral review in the federal courts. Because we are in respectful disagreement with that determination, we must reverse the judgment of the district court and remand the case for further proceedings.
I
BACKGROUND
A. Facts
In 1994, Mr.…
2Cases cited31 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Johnson v. ZerbstSupreme Court of the United States · 1938
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3Cited by81 opinions
- Cone v. BellSupreme Court of the United States · 2009
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- Brian Miranda v. Blair J. LeibachCourt of Appeals for the Seventh Circuit · 2005
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