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STEWART v. PETERS

No. 91-2922.

958 F.2d 1379 (1992)

Walter STEWART, Petitioner-Appellee, v. Howard PETERS, III, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 1992.

Decision Modified, Rehearing Denied April 17, 1992.

Attorney(s) appearing for the Case

David C. Thomas (argued), Chicago-Kent College of Law, Chicago, Ill., for petitioner-appellee.

Roland W. Burris, Office of the Atty. Gen., Kevin Sweeney, Asst. State's Atty., Renee Golbus Goldfarb (argued), Office of the State's Atty. of Cook County, Terence M. Madsen, Asst. Atty. Gen., Steven J. Zick, Office of the Atty. Gen., Crim. Appeals Div., William P. Pistorius, Asst. Atty. Gen., Office of the State's Atty., Civ. Actions Bureau, Chicago, Ill., for respondent-appellant.

Before BAUER, Chief Judge, and POSNER and KANNE, Circuit Judges.

POSNER, Circuit Judge.

In 1980, Walter Stewart pleaded guilty in an Illinois state court to two murders committed earlier that year in the course of his robbery of a suburban jewelry store, and was sentenced to death. After exhausting his state remedies, People v. Stewart, 101 Ill.2d 470, 79 Ill.Dec. 123, 463 N.E.2d 677 (1984); 123 Ill.2d 368, 123...

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