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BRITZ v. THIERET

No. 90-3077.

940 F.2d 226 (1991)

John BRITZ, Petitioner-Appellant, v. James H. THIERET, Warden, Menard Correctional Center, and Roland W. Burris, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Charles W. Hoffman (argued), Office of the State Appellate Defender, Chicago, Ill., for petitioner-appellant.

Nathan P. Maddox, Asst. Atty. Gen. (argued), Crim. Appeals Div., Springfield, Ill., for respondents-appellees.

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

BAUER, Chief Judge.

In the wee hours of the morning on June 9, 1979, Timothy Meisner pulled into a gas station in Springfield, Illinois. One of the front tires of his van needed air. He got out of the van, walked around front, and went to work on the tire. He popped off the hubcap and was bending down to plug in the air hose, when someone came up behind him. He may never have seen who that stranger was. From point blank range, the stranger fired a single .22 caliber...

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