EVANS v. DORETHY

No. 15-3531.

833 F.3d 758 (2016)

Maurice EVANS, Petitioner-Appellant, v. Stephanie DORETHY, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2016.

Rehearing Denied August 30, 2016.


Attorney(s) appearing for the Case

Robert Melching , Attorney, Office of the State Appellate Defender, Chicago, IL, for Petitioner-Appellant.

Garson Fischer , Attorney, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before Wood, Chief Judge, and Bauer and Kanne, Circuit Judges.


An Illinois jury convicted Maurice Evans of felony murder based on the felony "mob action," which led to the death of Daniel McKenzie. Evans argued on direct appeal that the trial court violated his Sixth Amendment right to have a jury determine every factual element required for conviction. He contended that the trial court should have allowed...

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