Habeas Corpus — plea offers

By: WISCONSIN LAW JOURNAL STAFF//March 5, 2014//

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United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus — plea offers

Where there is conflicting evidence whether the state ever offered a defendant a plea agreement, it was not unreasonable to find that no offer was made.

“We do not mean to suggest that the district court came to the only possible conclusion on these facts. There is enough evidence in the record that a fact-finder could have come out either way. But whether we agree with the district court’s factual conclusion is not the question. There was conflicting evidence and the district court had to make a finding; it did so, and its finding is not clearly erroneous.”

Affirmed.

12-3006 Kerr v. Dittmann

Appeal from the United States District Court for the Eastern District of Wisconsin, Clevert, J., Wood, J.

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