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U.S. EX REL. BARNARD v. LANE

No. 86-1948.

819 F.2d 798 (1987)

UNITED STATES of America ex rel. Gary BARNARD, Petitioner-Appellee, v. Michael LANE, Director, Illinois Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1987.

Attorney(s) appearing for the Case

Judith H. Schlessinger, Asst. Atty. Gen., Springfield, Ill., for respondent-appellant.

David R. Aplington, Thompson & Mitchell, St. Louis, Mo., for plaintiff-appellee.

Before WOOD, and POSNER, Circuit Judges, and WILL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The State of Illinois has appealed from a magistrate's order granting a petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1982) to petitioner, Gary Barnard. The grant of the petition was based on the magistrate's holding that Barnard had been denied his sixth amendment right to effective assistance of counsel. The State asserts that Barnard's procedural default in failing to present his claim of ineffective assistance...

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