SMITH v. FAIRMAN

No. 86-3018.

862 F.2d 630 (1988)

Gregory SMITH, Petitioner-Appellant, v. James W. FAIRMAN, Jr., Warden, Joliet Correctional Center, People of the State of Illinois, and Neil F. Hartigan, Attorney General of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1988.


Attorney(s) appearing for the Case

Peggy Healy, Law Student, Loyola Univ. Law School, Chicago, Ill., for petitioner-appellant.

Marcia L. Friedl, Office of Ill., Atty. Gen., Chicago, Ill., for respondents-appellees.

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


RIPPLE, Circuit Judge.

On May 4, 1982, following a jury trial in the Circuit Court of Cook County, Illinois, Gregory Smith was convicted of murder, attempted murder, home invasion, burglary, and armed violence. Mr. Smith appealed his conviction to the Illinois Appellate Court and that court affirmed the conviction in part.1 People v. Smith, 127 Ill.App.3d 622, 83 Ill.Dec. 27,

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