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Mark Alan Winger v. Justin Maher, Warden

IFP petition · United States Court of Appeals for the Seventh Circuit, No. 21-1592 · judgment April 30, 2026


Pending

Question presented

  1. Whether a reviewing court making an assessment of counsel's conduct following a petitioner's claim that his Sixth Amend­ ment right to effective assistance of counsel was violated when counsel failed to request a "Frye" hearing to seek to challenge/ limit/ exclude/ and/or strike the blood stain pattern analysis testimony of the State's purported expert in the field of blood stain pattern analysis/ should consider only the State's precedent decisions which formed the state of the law at the time of counsel's challenged conduct; and/ should not exclude from consideration any of the State's prec­ edent decisions that either do not/ or because they do not/ conform favorably to the state of the law as it evolved after counsel's challenged conduct.

Counsel of record

For petitioner
Mark A. Winger

For respondent

Case

Conference history

Proceedings

  1. Jul 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)