Resendez v. Knight, No. 11-1121 (7th Cir. 2011)
Annotate this CasePetitioner, convicted of robbery and forgery in state court, filed a state court motion challenging his sentence. The motion was denied, as was his request for appointed counsel. The federal district court rejected a habeas corpus petition and denied a certificate of appealability. The Seventh Circuit granted a COA to consider the unresolved, substantial constitutional issue of whether petitioner was entitled to counsel in the state proceeding. Whether the proceeding is characterized correctly as direct or collateral presents a necessary antecedent non-constitutional question.
The court issued a subsequent related opinion or order on August 8, 2011.
The court issued a subsequent related opinion or order on August 20, 2012.
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