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CARBAJOL v. FAIRMAN

No. 82-1587.

700 F.2d 397 (1983)

Augustin CARBAJOL, Petitioner-Appellant, v. James FAIRMAN, Gayle Franzen, and Tyrone Fahner, Attorney General of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1983.

Attorney(s) appearing for the Case

Susan Bandes, The Roger Baldwin Found. of ACLU, Inc., Chicago, Ill., for petitioner-appellant.

Michael B. Weinstein, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before PELL, CUDAHY and POSNER, Circuit Judges.

POSNER, Circuit Judge.

One day in 1976, Augustin Carbajol ("Carbajal" in the state court proceedings) chased Reuben Hernandez on foot down an alley in Harvey, Illinois, shooting at him. One shot hit Hernandez, who was unarmed, in the back, and killed him. Carbajol was tried for murder. At his trial (a bench trial), he testified that the night before the shooting, Hernandez, accompanied by a cousin, had come to Carbajol's house and told him that he intended to kill...

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