Legal Opinion
Smiley v. Thurmer
Court of Appeals for the Seventh Circuit
Decided September 5, 2008No. 07-2901PublishedCited by 16 opinions
1Opinion of the Court
RIPPLE, Circuit Judge.
Eric Smiley was convicted of first degree intentional homicide, in violation of Wisconsin Statutes §§ 940.01(1), 939.63(1)(A) (1997). The Court of Appeals of Wisconsin affirmed his conviction and sentence on direct review, and Mr. Smiley exhausted his state habeas remedies. Mr. Smiley then filed in the district court a petition under 28 U.S.C. § 2254 for a writ of habeas corpus. The district court granted the writ. The State of Wisconsin (the “State”), through Warden Michael Thurmer, timely filed a notice of appeal.
For the reasons set forth in this opinion, we affirm the…
2Cases cited40 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Kotteakos v. United StatesSupreme Court of the United States · 1946
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3Cited by16 opinions
- Johnson v. AcevedoCourt of Appeals for the Seventh Circuit · 2009
- Rever v. AcevedoCourt of Appeals for the Seventh Circuit · 2010
- State v. BoydOregon Supreme Court · 2016
- United States v. GuessDistrict Court, E.D. Virginia · 2010
- Jackson v. ConwayDistrict Court, W.D. New York · 2011
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