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BURRUS v. YOUNG

No. 85-1768.

808 F.2d 578 (1986)

Major BURRUS, Petitioner-Appellant, v. Warren YOUNG, Superintendent, and the Attorney General of the State of Wisconsin, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1986.

Concurring Opinion Amended March 10, 1987.

Motion for Nonpublication Denied March 10, 1987.

Attorney(s) appearing for the Case

Mark Lukoff, Wis. Public Defender, Milwaukee, Wis., for petitioner-appellant.

Sally L. Wellman, Asst. Atty. Gen., Madison, Wis., for respondents-appellees.

Before CUMMINGS and COFFEY, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge.

Following a jury trial in the Circuit Court of Milwaukee County, Wisconsin, petitioner Major Burrus was found guilty of first degree murder and first degree sexual assault. Burrus appealed to the Wisconsin Court of Appeals, which affirmed the conviction. Though the court of appeals determined that the trial court had erred in refusing to permit Burrus to introduce certain psychiatric testimony, the court found the error to be harmless...

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