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UNITED STATES EX REL. BURKE v. GREER

Nos. 84-1430, 84-1343 and 84-1481.

756 F.2d 1295 (1985)

UNITED STATES of America ex rel. Raymond BURKE, Petitioner-Appellant, v. James GREER, Warden, and Attorney General of the State of Illinois, Respondents-Appellees. UNITED STATES of America ex rel. David OLBROT, Petitioner-Appellee, Cross-Appellant, v. Kenneth McGINNIS and Neil F. Hartigan, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1985.

Attorney(s) appearing for the Case

James Gordon (Student), Northwestern Univ. Legal Clinic, Lori Froeling (Student) Univ. of Chicago, Legal Clinic, Chris Gair (Student) (argued) Gary H. Palm, Mandel Legal Aid Clinic, Chicago, Ill., for petitioners-appellants.

Scott Graham, Chicago, Ill., for respondents-appellees.

Before CUMMINGS, Chief Judge, and BAUER and POSNER, Circuit Judges.

BAUER, Circuit Judge.

The two cases captioned above involve the separate petitions for writs of habeas corpus of two co-defendants, both of whom were convicted of aggravated battery, attempted armed robbery, and attempted murder in a joint jury trial in an Illinois state court. Raymond Burke's petition was denied by Judge Plunkett in the Northern District of Illinois; David Olbrot's petition was granted by Judge Baker in the Central District of Illinois. Because both...

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