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TAYLOR v. GILMORE

No. 91-1148.

954 F.2d 441 (1992)

Kevin TAYLOR, Petitioner-Appellant, v. Jerry D. GILMORE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 1992.

As Amended January 21, 1992.

Attorney(s) appearing for the Case

Robert Agostinelli, Office of the State Appellate Defender, Ottawa, Ill., Timothy P. O'Neill, argued, Chicago, Ill., for petitioner-appellant.

Douglas K. Smith, Asst. Atty. Gen., Office of the Atty. Gen., Criminal Appeals Div., Springfield, Ill., argued, for respondent-appellee.

Before POSNER, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

Kevin Taylor admitted that he stabbed his ex-wife's live-in lover to death, but maintained that his crime was manslaughter. An Illinois jury disagreed — maybe — and declared him a murderer. In this petition for a writ of habeas corpus, Taylor argues that his conviction was invalid because the instructions given the jury were defective, precluding it from returning a voluntary manslaughter verdict when one may have been appropriate...

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