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RAY v. CLEMENTS

No. 11-3228.

700 F.3d 993 (2012)

Elliot D. RAY, Petitioner-Appellant, v. Marc CLEMENTS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 2012.

Attorney(s) appearing for the Case

Jeetander T. Dulani (argued), Attorney, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, for Petitioner-Appellant.

Katherine D. Lloyd , Marguerite M. Moeller (argued), Attorneys, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI for Respondent-Appellee.

Before BAUER, MANION, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

In Elliot Don Ray's first federal habeas appeal we found that his constitutional rights were violated when the state introduced out-of-court statements made by individuals who did not testify at his murder trial. But we remanded to give the state the opportunity to assert a defense that Ray's state post-conviction motion was untimely. Ray v. Boatwright (Ray I), 592 F.3d 793, 798-99 (7th Cir.), as...

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