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ALERTE v. McGINNIS

No. 89-3465.

898 F.2d 69 (1990)

Frank C. ALERTE, Jr., Petitioner-Appellee, v. Kenneth McGINNIS, Director, Department of Corrections of Illinois, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1990.

Attorney(s) appearing for the Case

Ronald P. Alwin, Evelyn G. Baniewicz, Office of the Public Defender of Cook County, Chicago, Ill., for petitioner-appellee.

Neil F. Hartigan, Atty. Gen., Thomas L. Ciecko, Deputy Atty. Gen., Chicago, Ill., for respondent-appellant.

Before BAUER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Frank C. Alerte is serving a 30-year sentence for slaying a fellow student at DePaul University in January 1980. The district court issued a writ of habeas corpus, accepting an argument the state appellate court rejected: that the prosecutor's summation to the jury was so inaccurate that the trial did not supply due process of law. Compare People v. Alerte, 120 Ill.App.3d 962, 76 Ill.Dec...

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