Jannke v. Gierach

Petitioner, who is in state prison after being convicted of first-degree reckless homicide, filed a federal habeas petition raising a claim of ineffective assistance of counsel. The Seventh Circuit affirmed, finding that petitioner failed to exhaust his claim at each level of the state judiciary before seeking federal habeas relief and that the district court properly dismissed petitioner’s claim based on procedural default. (EASTERBROOK and ROVNER, concurring)