Seventh Circuit: Ademus Saechao v. Cheryl Eplett

 

Federal collateral review can look past individual state court opinion to determine if the state judicial proceedings were consistent with the federal standard.

Judge's disqualification of criminal counsel unknowingly appointed to defend another defendant charged for the same occurrence, given deft's refusal to waive conflicts was a reasonable application of the Supreme Court's caselaw requiring a serious risk of conflict.  The subsequent appearance of the other defendant on the trial's witness list was independently sufficient, regardless of the probability that the witness would actually be called.


Ademus Saechao v. Cheryl Eplett