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Legal Opinion

Carl William Montgomery v. Dale Petersen

Court of Appeals for the Seventh Circuit

Decided May 4, 1988No. 87-2302PublishedCited by 97 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

Carl Montgomery petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenged the constitutionality of his state conviction for residential burglary on the ground that he was denied the effective assistance of counsel guaranteed by the sixth amendment. The Honorable Richard Mills of the Central District of Illinois reviewed the petition and granted the writ. The state appeals. We agree with Judge Mills that the petitioner was denied effective assistance of counsel and therefore affirm.

I

BACKGROUND

A. Facts

The petitioner was arrested…

2Cases cited29 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anthony Murray v. Ross Maggio, Jr., Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1984
  3. Benny Dale Alexander v. O.L. McCotter Director, of Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1985
  4. Melvin H. Sullivan v. James A. FairmanCourt of Appeals for the Seventh Circuit · 1987
  5. James Nealy v. Donald A. Cabana, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1985

24 more not listed; retrieve them via the Exa API.

3Cited by97 opinions

  1. United States v. Mandell Jackson, Joseph Davis, and Romano GinesCourt of Appeals for the Seventh Circuit · 1991
  2. Robert Kubat, Cross-Appellee v. James Thieret, Warden, and Neil F. Hartigan, Attorney General of Illinois, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1989
  3. United States v. Tyrone Anthony GrayCourt of Appeals for the Third Circuit · 1989
  4. Vonaire T. Washington v. Judy Smith, Warden, Oshkosh Correctional InstitutionCourt of Appeals for the Seventh Circuit · 2000
  5. United States v. Patrick Wayde Mealy and Lance B. SpottsCourt of Appeals for the Seventh Circuit · 1988

92 more not listed; retrieve them via the Exa API.

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