Legal Opinion
United States ex rel. Tonaldi v. Elrod
District Court, N.D. Illinois
Decided July 1, 1985No. 85 C 1780PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
This is the second petition for a writ of habeas corpus that Ronald Tonaldi (“Tonaldi”) has filed to vacate his state conviction for possession of more than 30 grams of cocaine. Tonaldi asserts that his trial counsel was incompetent, and that he was therefore denied his Sixth Amendment right to effective representation. Respondents (“the State”) have moved to dismiss the petition, arguing mainly that Tonaldi waived his claim by not raising it on direct appeal in the state court. For the reasons stated below, we agree and therefore grant the…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States of America Ex Rel. Nathaniel Spurlark, Petitioner-Appellee-Cross-Appellant v. Dennis Wolff, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1983
- Tyrone Perry v. J.W. Fairman and Tyrone Fahner, Carl D. Adams v. J.W. Fairman and Tyrone FahnerCourt of Appeals for the Seventh Circuit · 1983
- United States of America, Ex Rel. Ronald Tonaldi v. Richard J. Elrod and Tyrone C. FahnerCourt of Appeals for the Seventh Circuit · 1983
- United States of America Ex Rel. Jerry Devine v. Richard Derobertis and the Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1985
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3Cited by1 opinion
- United States of America, Ex Rel. Ronald Tonaldi v. Richard J. ElrodCourt of Appeals for the Seventh Circuit · 1986