William Johnston v. Larry Mizell, Warden, and Attorney General, State of Illinois

ESCHBACH, Senior Circuit Judge.

Pursuant to 28 U.S.C. § 2254, petitioner-appellant William Johnston filed in the district court a petition for a writ of habeas corpus. The petition alleged that Johnston’s sixth and fourteenth amendment right to effective assistance of counsel was infringed when in a post-trial motion and hearing for a new trial Johnston’s trial counsel, Henson, argued that his own assistance at trial was ineffective. After Johnston consented to final judgment by a magistrate, the magistrate denied his petition. Johnston appeals that decision.

Underlying Johnston’s habeas action…