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LAMPKINS v. GAGNON

No. 82-1967.

710 F.2d 374 (1983)

James Lee LAMPKINS, Petitioner-Appellant, v. John R. GAGNON, Warden, and Bronson C. LaFollette, Attorney General of the State of Wisconsin, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 1983.

Rehearing and Rehearing Denied August 9, 1983.

Attorney(s) appearing for the Case

Michael Dwyer, Legal Asst. to Institutionalized Persons Program, Madison, Wis., for petitioner-appellant.

Sally L. Wellman, Madison, Wis., for respondents-appellees.

Before CUDAHY and ESCHBACH, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 9, 1983.

SWYGERT, Senior Circuit Judge.

James Lee Lampkins appeals from the district court's denial of his petition for habeas corpus. First, he seeks to distinguish our holding in Pigee v. Israel, 670 F.2d 690 (7th Cir.1982), cert. denied, ___ U.S. ___, 103 S.Ct. 103, 74 L.Ed.2d 93 (1982), which held that Wisconsin's standard presumptive intent instruction did not...

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