Earls, Fairly W. v. McCaughtry, Gary (ED Wis.)
Before BAUER, KANNE, and DIANE P. WOOD, Circuit Judges.Richardson, Thomas v. USA (ND Ill.)
BAUER, Circuit Judge. This habeas corpus appeal arises from Fairly W. Earls’ 1999 convictions for first-degree sexual assault of a child pursuant to Wisconsin Statute § 948.02. Earls appeals, claiming he was denied effective assistance of counsel in violation of his Sixth Amendment rights. We agree and remand this case to the District Court to issue Earls’ writ, unless the State elects to retry him within 120 days.
Before CUDAHY, COFFEY, and ROVNER, Circuit Judges.Posted by Marcia Oddi at August 16, 2004 11:58 AM
PER CURIAM. * * * Richardson correctly argues that he did not procedurally default his ineffective-assistance claim because Massaro v. United States, 538 U.S. 500 (2003), holds that a federal defendant can always wait and raise ineffective-assistance claims on collateral attack. However, we nonetheless affirm the district court’s denial of his § 2255 motion because Richardson has failed to show that his trial counsel was ineffective.