Mosley v. Butler, No. 13-2515 (7th Cir. 2014)
Annotate this CaseThe State appealed for the second time the district court's grant of petitioner's petition for writ of habeas corpus under 28 U.S.C. 2254. On remand, the district court held that petitioner's trial attorney rendered ineffective assistance of counsel under Strickland v. Washington and granted the petition. The State appealed, arguing that the district court analyzed the state court's decision under section 2254(d), instead of analyzing independently whether petitioner was being held unconstitutionally under section 2254(a). The court concluded that, although the district court used incorrect language to describe its job on remand, it recognized its duty to correctly review petitioner's claim under section 2254(a). The court agreed with the district court's assessment that counsel rendered ineffective assistance in violation of petitioner's Sixth Amendment rights and affirmed the district court's order to release or retry petitioner.
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