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JOHNSTON v. MIZELL

No. 89-1662.

912 F.2d 172 (1990)

William JOHNSTON, Petitioner-Appellant, v. Larry MIZELL, Warden, and Attorney General, State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1990.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Southern Ill. University, School of Law, Carbondale, Ill., David Grounds, Wood River, Ill., for petitioner-appellant.

William H. Johnston, Vienna, Ill., pro se.

Douglas K. Smith, Asst. Atty. Gen., Office of Atty. Gen., Crim. Appeals Div., Springfield, Ill., for respondents-appellees.

Before FLAUM and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Pursuant to 28 U.S.C. § 2254, petitioner-appellant William Johnston filed in the district court a petition for a writ of habeas corpus. The petition alleged that Johnston's sixth and fourteenth amendment right to effective assistance of counsel was infringed when in a post-trial motion and hearing for a new trial Johnston's trial counsel, Henson, argued that his own assistance at trial was ineffective. After Johnston consented...

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