Lopez v. Thurmer, No. 08-2110

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