PIERSON v. O'LEARY

No. 90-2759.

959 F.2d 1385 (1992)

Wayne PIERSON, Petitioner-Appellant, v. Michael O'LEARY, Warden, and Neil F. Hartigan, Illinois Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 1992.


Attorney(s) appearing for the Case

Frederick F. Cohn (argued), Chicago, Ill., for petitioner-appellant.

David E. Bindi, Marcia L. Friedl (argued), Asst. Attys. Gen., Office of the Atty. Gen., Terrence M. Madsen, Asst. Atty. Gen., Kathryn M. Frost, Office of the Atty. Gen., Criminal Appeals Div., Chicago, Ill., for respondents-appellees.

Before CUDAHY and FLAUM, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


FAIRCHILD, Senior Circuit Judge.

Following a jury trial in an Illinois court, Wayne Pierson was convicted of murder pursuant to Ill.Rev.Stat. ch. 38, para. 9-1 (1985) and sentenced to 28 years in prison. Pierson appealed his conviction to the Appellate Court of Illinois, First District, Fourth Division, arguing both that the trial court improperly denied his motion to suppress and that he was denied a fair trial due to prosecutorial...

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