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FAGAN v. WASHINGTON

Nos. 91-2118, 91-2215.

942 F.2d 1155 (1991)

Harrison FAGAN, Petitioner-Appellee, v. Odie WASHINGTON, Warden, and Roland W. Burris, Attorney General of the State of Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 1991.

Attorney(s) appearing for the Case

Barry Levenstam, Jerold S. Solovy, Ada S. Cooper (argued), Jenner & Block, Chicago, Ill., for petitioner-appellee.

Kathryn M. Frost, Steven J. Zick (argued), Office of the Atty. Gen., Criminal Appeals Div., William P. Pistorius, Asst. Atty. Gen., Office of the State's Atty., Civil Actions Bureau, Chicago, Ill., for respondents-appellants.

Before CUMMINGS, POSNER and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

The State of Illinois appeals from two separate orders by the district court granting habeas corpus relief to petitioner Fagan, who is serving a twenty-five year prison term for murder. One order directs the state either to grant him a new appeal because his appellate counsel was ineffective or to release him. The other order directs the state to release him unconditionally, on the ground that no reasonable fact-finder could have found Fagan...

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