SILAGY v. PETERS

Nos. 89-2129, 89-2212 and 89-3117.

905 F.2d 986 (1990)

Charles SILAGY, Petitioner-Appellee, Cross-Appellant, v. Howard PETERS, III, Warden, Pontiac Correctional Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1990.

As Amended July 6, 1990.

As Amended on Denial of Rehearing and Rehearing July 10, 1990.


Attorney(s) appearing for the Case

Timothy M. Gabrielsen, Patricia G. Mysza, Office of the State Appellate Defender, Springfield, Ill., for Charles Silagy.

Neil F. Hartigan, Atty. Gen., Jack Donatelli, Asst. Atty. Gen., Chicago, Ill., for Howard Peters, III.

Terri L. Mascherin, Jenner & Block, Randolph N. Stone, Robert P. Isaacson, Office of the Public Defender of Cook County, Chicago, Ill., David J. Bradford, James P. Bailinson, Niles, Ill., for amicus curiae Office of the Cook County Public Defender and MacArthur Justice Center.

Kimball R. Anderson, Winston & Strawn, Chicago, Ill., for amicus curiae National Legal Aid and Defender Ass'n.

John P. Buckley, Chicago, Ill., for amicus curiae Illinois Attorneys for Criminal Justice.

Before COFFEY, EASTERBROOK and KANNE, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc July 10, 1990.

KANNE, Circuit Judge.

During the early morning hours of February 14, 1980, the body of Cheryl Block, the girlfriend of Petitioner, Charles Silagy, and that of Anne Budde-Waters were discovered in two separate locations in Vermillion County, Illinois. Each had been stabbed repeatedly and had died as a result of massive hemorrhaging caused by those stab wounds.

In a confession made...

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