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U.S. EX REL. WEISMILLER v. LANE

No. 85-2280.

815 F.2d 1106 (1987)

UNITED STATES of America ex rel. Edward WEISMILLER, Petitioner-Appellant, v. Michael P. LANE, Director of the Illinois Department of Corrections and the Illinois Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 1987.

Attorney(s) appearing for the Case

Kenneth E. Balsters, Balsters & Morrison, Bethalto, Ill., for petitioner-appellant.

Kenneth A. Fedinets, Office of Ill. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before WOOD and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This is an appeal from the denial of habeas corpus relief under 28 U.S.C. § 2254 (1982). As he did in the district court and the state courts, petitioner-appellant challenges the constitutionality of the Illinois "Guilty But Mentally Ill" (GBMI) statutes,1 as well as the particular jury instructions given pursuant to those statutes at his trial. Because we find the challenge to the jury instructions...

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