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UNITED STATES EX REL. DUNCAN v. O'LEARY

No. 85-2761.

806 F.2d 1307 (1986)

UNITED STATES of America, ex rel. George DUNCAN, Petitioner-Appellee, v. Michael O'LEARY, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 1986.

Rehearing Denied December 22, 1986.

Attorney(s) appearing for the Case

Robert Agostinelli, Office of the State Appellate Defender, Ottawa, Ill., for petitioner-appellee.

Mark L. Rotert, Asst. Atty. Gen. State of Ill., Chicago, Ill., for respondent-appellant.

Before CUMMINGS, EASTERBROOK and RIPPLE, Circuit Judges.

CUMMINGS, Circuit Judge.

This case comes to us on appeal following the district court's grant of petitioner George Duncan's ("petitioner's") petition for writ of habeas corpus. For the reasons set forth below, we affirm the decision of the district court.1

I

The facts as developed in state post-trial proceedings and the district court's habeas evidentiary hearing are largely...

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