In a prosecution for first-degree intentional murder as a party to a crime, district court’s denial of defendant’s petition for habeas relief is affirmed over claims that: 1) a state appellate court’s application of Strickland to the facts of petitioner’s case was unreasonable because the court applied the wrong standard under Wisconsin law to determine whether he was entitled to a felony-murder instruction; and 2) a state appellate court’s factual determination that counsel had discussed a felony-murder instruction with him was unreasonable.
Read Lopez v. Thurmer, No. 08-2110
Appellate Information
Appeal from the United States District Court for the Eastern District of Wisconsin
Decided February 5, 2010
Judges
Before: Manion, Flaum, and Rovner, Circuit Judges
Opinion by Circuit Judge Rovner
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