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Habeas Relief – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

Habeas Relief – Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

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7th Circuit Court of Appeals

Case Name: Sakajust Scott v. Randall Hepp

Case No.: 22-1314

Officials: Flaum, Rovner, and Brennan, Circuit Judges.

Focus: Habeas Relief – Ineffective Assistance of Counsel

After the detectives read Scott his Miranda rights, he admitted in a recorded interview to murder and was convicted. Scott seeks habeas relief, claiming his attorney provided constitutionally deficient representation by failing to move to suppress his confession as obtained in violation of his Miranda rights. The Antiterrorism and Effective Death Penalty Act (AEDPA), which governs the review of Scott’s appeal, limits the Seventh Circuit’s ability to grant relief. Since the Wisconsin appellate court’s decision, which upheld Scott’s conviction, was not contrary to or an unreasonable application of Supreme Court precedent.

Affirmed.

Decided 03/09/23

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