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FLOWERS v. ILLINOIS DEPT. OF CORRECTIONS

Nos. 91-2330, 91-2415.

962 F.2d 703 (1992)

Marvin FLOWERS, Petitioner-Appellant Cross-Appellee, v. ILLINOIS DEPARTMENT of CORRECTIONS, Respondent-Appellee Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1992.

Attorney(s) appearing for the Case

James B. Haddad, Northwestern University Legal Clinic, Anne Meyer (argued), Asst. Illinois State Appellate Defender, Chicago, Ill., for Marvin Flowers.

Terence M. Madsen, Asst. Atty. Gen., Steven J. Zick, Crim. Appeals Div., Chicago, Ill., for Illinois Dept. of Corrections in No. 91-2330.

Richard S. London, Asst. Atty. Gen., Terence M. Madsen, Asst. Atty. Gen., Steven J. Zick (argued), Crim. Appeals Div., Chicago, Ill., for Illinois Dept. of Corrections in No. 91-2415.

Before POSNER and EASTERBROOK, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

An Illinois jury convicted Marvin Flowers of murder under a version of murder and voluntary manslaughter instructions found constitutionally deficient by this court in Falconer v. Lane, 905 F.2d 1129 (7th Cir.1990), and earlier found statutorily deficient by the Illinois Supreme Court in People v. Reddick, 123 Ill.2d 184, 122 Ill.Dec. 1,

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