WEBB v. LANE

No. 90-1139.

922 F.2d 390 (1991)

Cedric WEBB, Petitioner/Appellant, v. Michael P. LANE, Director of Illinois Department of Corrections, Respondent/Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 1991.


Attorney(s) appearing for the Case

Thomas Peters, Chicago, Ill., for petitioner/appellant.

Marcia L. Friedl, Asst. Atty. Gen., Neil F. Hartigan, Atty. Gen., Office of the Atty. Gen., Jack Donatelli, Asst. Atty. Gen., Office of the Atty. Gen., Criminal Appeals Div., Chicago, Ill., for respondent/appellee.

Before BAUER, Chief Judge, CUMMINGS and FLAUM, Circuit Judges.


FLAUM, Circuit Judge.

Cedric Webb was sentenced to fifty years imprisonment for murder. After exhausting his state court remedies, Webb sought federal habeas relief under 28 U.S.C. § 2254. The district court granted respondent's motion for summary judgment. Webb's appeal raises five issues, four involving the excited utterance exception to the hearsay rule and one involving the dying declaration exception to the hearsay rule. Overall, Webb argues that the admission...

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