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BERINGER v. SHEAHAN

No. 90-2274.

934 F.2d 110 (1991)

Joseph BERINGER, Petitioner-Appellant, v. Michael SHEAHAN, Sheriff of Cook County, C. Richard English, Director of Cook County Department of Corrections, Robert E. Glotz, Assistant Executive Director of Security of Cook County Department of Corrections, Howard A. Peters, III, Director of Department of Corrections, State of Illinois, James M. Schreier, Judge of the Cook County Circuit Court, and Jack O'Malley, State's Attorney of Cook County, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 1991.

Attorney(s) appearing for the Case

Emily Eisner, Chicago, Ill., for petitioner-appellant.

Terence M. Madsen and Richard S. London, Asst. Attys. Gen., Crim. Appeals Div., Michele I. Lavin, Cook County State's Atty., Chicago, Ill., for respondents-appellees.

Before POSNER, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

Joseph Beringer was tried and convicted for murder in 1983. The Illinois Appellate Court reversed his conviction in 1987 because of gross misconduct by the prosecutor during trial and remanded the case for a new trial. People v. Beringer, 151 Ill.App.3d 558, 104 Ill.Dec. 916, 503 N.E.2d 778 (1987). Beringer claims that a second trial will violate the double...

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