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Lopez v. Thurmer

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ARGUED MARCH 31, 2009

Before FLAUM, MANION, and ROVNER, Circuit Judges.

A Wisconsin jury convicted Julian Lopez of first-degree intentional murder as a party to a crime. See WIS. STAT. §§ 940.01(1)(a), 939.05. Lopez claims that his trial counsel provided ineffective assistance by failing to request, or even discuss with him, a jury instruction on the lesser-included offense of felony murder. After exhausting his state post-conviction remedies, Lopez filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. The district court denied his petition but issued a certificate of appealability. The state post-conviction court did not unreasonably apply clearly established federal law to the facts of Lopez’s case, so we affirm the district court’s judgment.

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