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Smith v. McKee

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ARGUED DECEMBER 1, 2009

Before POSNER, FLAUM and SYKES, Circuit Judges.

This case comes to us on appeal from a denial of a petition for habeas corpus. On March 9, 1995, an Illinois jury found petitioner, Joseph Smith, guilty of first-degree murder and attempted robbery. The trial court sentenced Smith to fifty-five years for the murder charge and fourteen years for the attempted armed robbery charge, to run concurrently. Smith brings this habeas petition to challenge his conviction on three grounds: ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and violation of his Sixth Amendment right to confront his accuser. The district court found that Smith had procedurally defaulted on all of these claims either because he did not raise them for an entire round of appellate review in the state courts or because the state court rested its decision on an independent state law ground. For the reasons set forth below, we affirm the district court’s denial of the habeas corpus petition.

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