CARTEE v. NIX

No. 83-3014.

803 F.2d 296 (1986)

Elmer CARTEE and Patrick Russell, Petitioners-Appellants, v. Crispus NIX, Warden, and Neil Hartigan, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 8, 1986.

Rehearing and Rehearing Denied November 17, 1986.


Attorney(s) appearing for the Case

Lonny Ben Ogus, Chicago, Ill., for petitioners-appellants.

Jack Donatelli, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before WOOD, EASTERBROOK and RIPPLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 17, 1986.

HARLINGTON WOOD, Jr., Circuit Judge.

Petitioners Elmer Cartee and Patrick Russell appeal from the district court's grant of summary judgment on their petition for habeas corpus brought under 28 U.S.C. § 2254 challenging their 1975 state robbery conviction. Petitioners raise three issues for review: (1) the denial of their request for an evidentiary hearing; (2) the state trial court's alleged failure...

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