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U.S. EX REL. FLEMING v. HUCH

No. 90-1981.

924 F.2d 679 (1991)

UNITED STATES of America, ex rel. Bessie I. FLEMING, Petitioner-Appellant, v. Jane HUCH, Warden, Dwight Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Gary R. Peterson, Office of the State Appellate Defender, Springfield, Ill., for petitioner-appellant.

Douglas K. Smith, Asst. Atty. Gen., Springfield, Ill., Scott Walden, Adams County State's Atty., Quincy, Ill., for respondent-appellee.

Before BAUER, Chief Judge, WOOD, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

BAUER, Chief Judge.

Bessie Fleming appeals the district court's denial of her petition for habeas corpus relief. She claims, as did the petitioners in United States ex rel. Falconer v. Lane, 905 F.2d 1129 (7th Cir.1990), and United States ex rel. Rose v. Lane, 910 F.2d 400 (7th Cir.1990), that the murder and voluntary manslaughter instructions used at her trial denied her due process...

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