UNITED STATES EX REL. COSEY v. WOLFF

No. 81-2966.

682 F.2d 691 (1982)

UNITED STATES of America, ex rel., Larry COSEY, Petitioner-Appellee, v. Dennis WOLFF, Warden, and Tyrone Fahner, Attorney General, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1982.


Attorney(s) appearing for the Case

Sam Adam, Chicago, Ill., for petitioner-appellee.

Kenneth A. Fedinets, Chicago, Ill., for respondents-appellants.

Before PELL, Circuit Judge, GIBSON, Senior Circuit Judge, and ESCHBACH, Circuit Judge.


PER CURIAM.

This is an appeal of the district court's order granting summary judgment to Larry Cosey in his § 2254 petition for a writ of habeas corpus. Because the district court erred in granting Cosey's motion for summary judgment, we reverse and remand for further proceedings.

I.

Cosey was indicted by the Cook County Grand Jury in connection with the shooting and robbery of Michael Lightfoot. At a bench trial in the state court, Lightfoot...

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