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KUBAT v. THIERET

Nos. 88-1440, 88-1520.

867 F.2d 351 (1989)

Robert KUBAT, Petitioner-Appellant, Cross-Appellee, v. James THIERET, Warden, and Neil F. Hartigan, Attorney General of Illinois, Respondents-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1989.

As Amended January 26, 1989.

Rehearing and Rehearing Denied March 15, 1989.

Attorney(s) appearing for the Case

David E. Bindi, Asst. Atty. Gen., Chicago, Ill., for petitioner-appellant, cross-appellee.

Jonathan Haile, James C. Craven, P.C., Springfield, Ill., for respondents-appellees, cross-appellants.

Before FLAUM, RIPPLE and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 15, 1989.

FLAUM, Circuit Judge.

Petitioner Robert Kubat was convicted by a jury in Illinois state court of aggravated kidnapping and murder. After a separate sentencing hearing, the same jury sentenced Kubat to death. On direct appeal, the Illinois Supreme Court affirmed both the conviction and the death sentence. People v. Kubat, 94 Ill.2d 437, 69 Ill.Dec. 30,

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