Bailey v. Lemke
Court of Appeals for the Seventh Circuit
1Opinion of the Court
MILLER, District Judge.
An Illinois trial court convicted Hernandez Bailey of one count of murder and two counts of attempted murder. His trial counsel, William Swano, hadn’t filed a discovery motion, so he (like the prosecutor through much of the prosecution’s case) didn’t know that one of the eyewitnesses had testified before a grand jury. Mr. Swano received a transcript of that grand jury testimony after the witness left the stand, and entered into a stipulation that the witness hadn’t told the grand jury that Mr. Bailey was at the murder scene. Mr. Bailey contends that Mr. Swano’s…
2Cases cited25 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
- United States v. BagleySupreme Court of the United States · 1985
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- Alexander, Ricky v. Kemper, PaulDistrict Court, W.D. Wisconsin · 2020
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