Sutherland v. Gaetz

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ARGUED MAY 15, 2009

Before EASTERBROOK, Chief Judge, and BAUER and FLAUM, Circuit Judges.

William Riley Sutherland, III was tried before a jury in an Illinois state court on charges of attempted first-degree murder, aggravated battery with a firearm and home invasion. On the third day of trial, Sutherland’s defense counsel was held in contempt and jailed overnight. Defense counsel returned to court the next morning and represented Sutherland through the conclusion of trial, at which time a jury found Sutherland guilty of all charges. In his direct appeal and again throughout post-conviction proceedings, Sutherland claimed that he was denied the assistance of counsel because the jailing of his attorney prevented the preparation of his defense. After those challenges were unsuccessful, Sutherland sought a writ of habeas corpus in federal court under 28 U.S.C. § 2254. The district court denied his petition, a decision which Sutherland now appeals and we affirm.

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