MUSTREAD v. GILMORE

No. 91-2615.

966 F.2d 1148 (1992)

Floyd MUSTREAD, Petitioner-Appellant, v. Jerry D. GILMORE, as Warden of the Hill Correctional Center of the Illinois Department of Corrections, and Neil F. Hartigan, as Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1992.


Attorney(s) appearing for the Case

John H. Bisbee (argued), Macomb, Ill., for petitioner-appellant.

Nathan P. Maddox (argued), Giffin, Winning, Cohen & Bodewes, Springfield, Ill., for respondent-appellee Gilmore.

Before POSNER, FLAUM and KANNE, Circuit Judges.


KANNE, Circuit Judge.

In 1986, Floyd Mustread pleaded guilty in an Illinois state court to one count of aggravated battery and two counts of narcotics possession. After exhausting his state remedies, Mr. Mustread filed for a writ of habeas corpus in federal district court. He claimed that his plea to the aggravated battery count was involuntarily procured because the state deliberately withheld certain exculpatory information from him and his attorney. He alternatively...

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