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Howard D. Davis v. Brad Mlodzik, Warden

IFP petition · United States Court of Appeals for the Seventh Circuit, No. 23-2745 · judgment March 6, 2026


Pending

Questions presented

  1. Was Davis denied a fair trial when trial counsel failed to present the Alibi defense? Was post-conviction counsel ineffective for failing to adequately argue the alibi claim during direct appeal? And did Davis make a substantial showing of this constitutional claim that warranted C.O.A?

  2. Was Davis denied effective assistance of counsel when trial counsel failed to conduct any investigation prior to trial? Was post-conviction counsel ineffective for failing to allege failure to investigate in the original post­ conviction motion? And did Davis make a substantial showing of this constitutional claim that warranted C.O.A?

  3. Was Davis denied effective assistance of counsel when post conviction counsel failed to allege in the initial postconviction motion the trial court abuse of discretion when it provided evidence to the jury, during deliberation, without Davis's knowledge and without taking precautions? And did Davis make a substantial showing of this constitutional claim that warranted C.O.A?

  4. Was Davis denied effective assistance of counsel when post conviction counsel failed to adequately argue the jury misconduct claim during the initial §974.02 postconviction motion? And did Davis make a substantial showing of this constitutional claim that warranted C.O.A?

  5. Did the Seventh circuit court of appeal departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by the lower court, as to call for an exercise of this court supervisory power

Counsel of record

For petitioner
Howard D. Davis

For respondent
Eliot Michael Held Sr.
Wisconsin Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 23 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 17 2026
    Waiver of right of respondent Mlodzik, Warden to respond filed.
  3. Jul 02 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2026)